LIBRARY 

OF  THE 

University  of  California. 


]yv\Ai.:.  DJo^a 


Class 


I 


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THE  WRITINGS 


THOMAS    JEFFERSON 


&y 


MEMOIR, 
CORRESPONDENCE, 


MISCELLANIES, 


FROM    THE    PAPERS    OF 


THOMAS  JEFFERSON. 


EDITED    BY 

THOMAS  JEFFERSON  RANDOLPH. 


VOLUME  I. 


Ji^X<^^U^^ 


SITY   ) 


UNIVER* 

OF 


CHARLOTTESVILLE : 
PUBLISHED    BY    F.  CARR,  AND  CO. 

1829. 


EASTERN  DISTRICT  OF  VIRGINIA,  to  wit : 

^^yi:^^^^^:^  Be  IT  REMEMBERED,  that  on  the  Seventeenth  day  of  January,  in 
*  _  _,  *  the  fifty-third  year  of  the  Independence  of  the  United  States  of 
I  ^^  I  America,  THOMAS  JEFFERSON  RANDOLPH,  of  the  said  Dis- 
*'********  trict,  hath  deposited  in  this  office  the  title  of  a  book,  the  right 
whereof  he  claims  as  proprietor,  in  the  words  following,  to  wit : 

"  Memoir,  Correspondence,  and  Miscellanies,  from  the  papers  of  Thomas 
Jefferson.     Edited  by  Thomas  Jefferson  Randolph. 

In  conformity  to  the  act  of  the  Congress  of  the  United  States,  entitled 
"  An  act  for  the  encouragement  of  learning,  by  securing  the  copies  of  maps, 
charts,  and  books,  to  the  authors  and  proprietors  of  such  copies,  during  the 
times  therein  mentioned."  RD.  JEFFRIES, 

Clerk  of  the  Eastern  District  of  Virginia. 


Jefferson  Clark,  Printer. 


PREFACE 


The  opinion  universally  entertained  of  the  extraordinary  abili- 
ties of  Thomas  Jefferson,  and  the  signal  evidence  given  by  his 
country,  of  a  profound  sense  of  his  patriotic  services,  and  of  vene- 
ration for  his  memory,  have  induced  the  Editor,  who  is  both  his 
Executor  and  the  Legatee  of  his  Manuscript  papers,  to  believe 
that  an  extensive  publication  from  them,  would  be  particularly 
acceptable  to  the  American  people. 

The  Memoir,  contained  in  the  first  volume,  commences  with 
circumstantial  notices  of  his  earliest  life ;  and  is  continued  to  his 
arrival  in  New  York,  in  March,  1790,  when  he  entered  on  the 
duties  of  the  Department  of  State,  of  which  he  had  been  just 
appointed  Secretary. 

From  the  aspect  of  the  Memoir,  it  may  be  presumed  that  parts 
of  it,  at  least',  had  been  written  for  his  own  and  his  family's  use 
only ;  and  in  a  style  without  the  finish  of  his  revising  pen.  There 
is,  however,  no  part  of  it,  minute  and  personal  as  it  may  be,  which 
the  Reader  would  wish  to  have  been  passed  over  by  the  Editor ; 
whilst  not  a  few  parts  of  that  description,  will,  by  some,  be  re- 
garded with  a  particular  interest. 

The  contents  of  the  Memoir,  succeeding  the  biographical  pages, 
maiy  be  designated  as  follows : 

I.  General  facts  and  anecdotes  relating  to  the  origin  and  early 
stages  of  the  contest  with  Great  Britain. 

II.  Historical  circumstances  relating  to  the  Confederation  of 
tlie  States. 

III.  Facts  and  anecdotes,  local  and  general,  preliminary  to  the 
Declaration  of  Independenee. 

f  rr  o  »7  o  I 


VI 


IV.  An  exact  account  of  the  circumstances  attending  that  me- 
morable act,  in  its  preparation  and  its  progress  through  Congress ; 
with  a  copy  from  the  original  draught,  in  the  hand  writing  of  the 
Author;  and  a  parallel  column,  in  the  same  hand,  shewing  the 
alterations  made  in  the  draught  by  Congress. 

The  Memoir  will  be  considered  not  a  little  enriched  by  the 
Debates  in  Congress,  on  the  great  question  of  Independence,  as 
they  were  taken  down  by  Mr.  Jefferson  at  the  time,  and  which, 
though  in  a  compressed  form,  present  the  substance  of  what  passed 
on  that  memorable  occasion.  This  portion  of  the  work  derives 
pecuhar  value  from  its  perfect  authenticity,  being  all  in  the  hand 
writing  of  that  distinguished  member  of  the  body;  from  the  cer- 
tainty that  this  is  the  first  disclosure  to  the  world  of  those  Debates ; 
and  from  the  probability,  or  ratlier  certainty,  that  a  like  knowledge 
of  them  is  not  to  be  expected  from  any  other  source.  The  same 
remarks  are  applicable  to  the  Debates  in  the  same  Congress,  pre- 
served in  the  same  manner,  on  two  of  the  original  Articles  of 
Confederation.  The  first  is  the  Article  fixing  the  rate  of  assessing 
the  quotas  of  supply  to  the  common  Treasury :  the  second  is  the 
Article  which  declares,  "  that  in  determining  questions  each  Colony 
shall  have  one  vote."  The  Debates  on  both  are  not  only  inte- 
resting in  themselves,  but  curious,  also,  in  relation  to  like  discus- 
sions of  the  same  subjects  on  subsequent  occasions. 

V.  Views  of  the  connections  and  transactions  of  the  United 
States  with  foreign  nations,  at  different  periods;  particularly,  a 
narrative,  with  many  details,  personal  and  political,  of  the  causes 
and  early  course  of  the  French  Revolution,  as  exhibited  to  the 
observation  of  the  Author,  during  his  diplomatic  residence  at  Paris. 
The  narrative,  with  the  intermingled  reflections  on  the  character 
and  consequences  of  that  Revolution,  fill  a  considerable  space  in 
the  Memoir,  and  form  a  very  important  part  of  it. 

VI.  Within  the  body  of  the  Memoir,  or  referred  to  as  an  appen- 
dix, are  other  papers  which  were  thought  well  entitled  to  the  place 
they  occupy.  Among  them,  are,  1 .  A  paper  drawn  up  in  the  year 
1774,  as  "Instructions  to  our  Delegates  in  Congress."     Though 


Vll 


heretofore  in  print,  it  will  be  new  to  most  readers ;  and  will  be 
regarded  by  all,  as  the  most  ample  and  precise  enumeration  of 
British  violations  that  had  then  appeared,  or,  perhaps,  that  has 
since  been  presented  in  a  form  at  once  so  compact  and  so  com- 
plete.    2.  A  Penal  code,  being  part  of  a  Revised  Code  of  Laws, 
prepared  by  appointment  of  the  Legislature  of  Virginia,  in  1776, 
with  reference  to  the  Republican  form  of  Government,  and  to  the 
principles  of  humanity  congenial  therewith,  and  with  the  improv- 
ing spirit  of  the  age.     Annexed  to  the  several  articles,  are  ex-  ^ 
planatory  and  other  remarks  of  the  Author,  worthy  of  being  pre- 
served by  the   aid   of  the  press.     3.   A  historical  and   critical 
review  of  the  repeal  of  the  laws  establishing  the  Church  in  Vir- 
ginia ;  which  was  followed  by  the  "  Act  for  establishing  religious 
freedom."     This  act,  it  is  well  known,  was  always  held  by  Mr. 
Jefferson  to  be  one  of  his  best  efforts  in  the  cause  of  liberty,  to 
which  he  was  devoted  :  and  it  is  certainly  the  strongest  legal  bar- 
rier that  could  be  erected  against  a  connection  between  Church 
and  State,  so  fatal  in  its  tendency  to  the  purity  of  both.     4.  An 
elaborate  paper  concerning  a  Money  Unit,  prepared  in  the  year 
1784,  and  which  laid  the  foundadon  of  the  system  adopted  by 
Congress,  for  a  coinage  and  money  of  account.     For  other  parti- 
culars, not  here  noted,  the  Reader  is  referred  to  the  volume  itself. 

The  termination  of  the  Memoir,  at  the  date  mentioned,  by  the 
Author,  may  be  explained  by  the  laborious  tasks  assumed  or  not 
declined  by  him,  on  his  return  to  private  Hfe ;  which,  with  his 
great  age,  did  not  permit  him  to  reduce  his  materials  into  a  state 
proper  to  be  embodied  in  such  a  work. 

The  other  volumes  contain,  L  Letters  from  1775,  to  his  death, 
addressed  to  a  very  great  variety  of  individuals ;  and  comprising 
a  range  of  information,  and  in  many  instances,  regular  essays,  on 
subjects  of  History,  Politics,  Science,  Morals  and  Religion.  The 
letters  to  him  are  omitted  except  in  a  very  few  instances,  where 
it  was  supposed  their  publication  would  be  generally  acceptable, 
from  the  important  character  of  the  communication,  or  the  general 
interest  in  the  views  of  the  writer ;  or  where  the  whole  or  a  part  of 
a  letter  had  been  filed  for  tlie  better  understanding  of  the  answer. 


VIU 


In  these  cases,  such  letters  are  inserted  in  the  body  of  the  work,  or 
in  an  appendix,  as  their  importance,  and  connection  with  the  sub- 
ject discussed  by  the  Author,  rendered  advisable.  And  where 
inferences  from  the  tenor  of  the  answer,  might  in  any  way  affect 
the  correspondent,  his  name  does  not  appear  in  the  copy  filed. 
The  historical  parts  of  the  letters,  and  the  entire  publication,  have 
the  rare  value  of  coming  from  one  of  the  chief  actors  liimself, 
and  of  being  written,  not  for  the  public  eye,  but  in  the  freedom 
and  confidence  of  private  friendship. 

n.  Notes  of  conversations,  whilst  Secretary  of  State,  with  Pre- 
sident Washington,  and  others  high  in  office ;  and  memoranda  of 
Cabinet  Councils,  committed  to  paper  on  the  spot,  and  filed ;  the 
whole,  with  the  explanatory  and  miscellaneous  additions,  shewing 
tlie  views  and  tendencies  of  parties,  from  the  year  1789  to  1800. 

Appended  to  the  publication,  is  a  *  Fac  simile'  of  the  rough 
draught  of  the  Declaration  of  Independence,  in  which  will  be 
seen  the  erasures,  interlineations  and  additions  of  Dr.  Frankhn 
and  Mr.  Adams,  two  of  the  appointed  Committee,  in  the  hand 
writing  of  each. 

The  Editor,  though  he  cannot  be  insensible  to  the  genius,  the 
learning,  the  philosophic  inspiration,  the  generous  devotion  to  vir- 
tue, and  the  love  of  country,  displayed  in  the  writings  now  com- 
mitted to  the  press,  is  restrained,  not  less  by  his  incompetency, 
than  by  his  relation  to  the  Author,  from  dwelling  on  themes  which 
belong  to  an  eloquence  that  can  do  justice  to  the  names  of  illus- 
trious benefactors  to  their  country  and  to  their  fellow  men. 

Albemarle,  Va.  January,  1829. 


TABLE    OF    CONTENTS, 


Page. 
Memoir 1 

Appendix  to  Memoir 91 

Correspondence.. 149 

Appendix  to  Correspondence 451 


NOTICE 


The  Fac  simile  of  the  rough  draught  of  the  Declaration  of 
Independence,  was  not  engraved  in  time,  to  be  inserted  in  its 
'appropriate  place  in  this  volume.  It  is,  therefore,  appended  to 
a  subsequent  one. 

The  notes  inclosed  in  brackets,  are  by  the  Editor.  In  one 
instance  only,  (page  29  of  this  volume)  this  mark  of  distinction 
has  been  accidentally  omitted. 

A  list  of  the  principal  errata,  will  be  found  at  tlie  close  of  the 
last  volume. 


/I A  ( JyiA^'f^^i^^  i^ 


MEMOIR. 


January  6,  1821.  At  the  age  of  77,  I  begin  to  make  some 
memoranda,  and  state  some  recollections  of  dates  and  facts  con- 
cerning myself,  for  my  own  more  ready  reference,  and  for  the 
information  of  my  family. 

The  tradition  in  my  father's  family  was,  that  their  ancestor  came 
to  this  country  from  Wales,  and  from  near  the  mountain  of  Snow- 
den,  the  highest  in  Great  Britain.  I  noted  once  a  case  from 
Wales,  in  the  law  reports,  where  a  person  of  our  name  was  either 
plaintiff  or  defendant ;  and  one  of  the  same  name  was  secretary 
to  the  Virginia  Company.  These  are  the  only  instances  in  which 
I  have  met  with  the  name  in  that  country.  I  have  found  it  in  our 
early  records  ;  but  tlie  first  particular  information  I  have  of  any 
ancestor  was  of  my  grandfather,  who  lived  at  the  place  in  Ches- 
terfield called  Ozborne's,  and  owned  the  lands  afterwards  the  glebe 
of  the  parish.  He  had  three  sons ;  Thomas  who  died  young,  Field 
who  settled  on  the  waters  of  Roanoke  and  left  numerous  descend- 
ants, and  Peter,  my  father,  who  settled  on  tlie  lands  I  still  own, 
called  Shadwell,  adjoining  my  present  residence.  He  was  born 
February  29,  1707-8,  and  intermarried  1739,  with  Jane  Ran- 
dolph, of  the  age  of  19,  daughter  of  Isham  Randolph,  one  of  the 
seven  sons  of  that  name  and  family  settled  at  Dungeoness  in 
Goochland.  They  trace  their  pedigree  far  back  in  England  and 
Scotland,  to  which  let  every  one  ascribe  the  faith  and  merit  he 
chooses. 

My  father's  education  had  been  quite  neglected;  but  being 
of  a  strong  mind,  sound  judgment,  and  eager  after  information,  he 
read  much  and  improved  himself,  insomuch  that  he  was  chosen, 
with  Joshua  Fry,  professor  of  Mathematics  in  William  and  Mary 
college,  to  continue  the  boundary  line  between  Virginia  and  North 
Carolina,  which  had  been  begun  by  Colonel  Byrd  ;  and  was  after- 
wards employed  with  the  same  Mr.  Fry,  to  make  the  first  map  of 
Virginia  which  had  ever  been  made,  that  of  Captain  Smith  being 

VOL.    I.  1 


merely  a  conjectural  sketch.  They  possessed  excellent  materials 
for  so  much  of  the  coimtry  as  is  below  the  blue  ridge ;  little  being 
then  known  beyond  that  ridge.  He  was  the  third  or  fourth  setder, 
about  the  year  1737,  of  the  part  of  the  country  in  which  I  live. 
He  died  August  17tli,  1757,  leaving  my  mother  a  widow,  who 
lived  till  1776,  with  six  daughters  and  two  sons,  myself  the  elder. 
To  my  younger  brother  he  left  his  estate  on  James  river,  called 
Snowden,  after  the  supposed  birth  place  of  the  family  :  to  myself, 
the  lands  on  which  I  was  born  and  live.  He  placed  me  at  the 
English  school  at  five  years  of  age ;  and  at  the  Latin  at  nine, 
where  I  continued  until  his  death.  My  teacher,  Mr.  Douglas,  a 
clergyman  from  Scotland,  with  tlie  rudiments  of  the  Latin  and 
Greek  languages,  taught  me  the  French  ;  and  on  the  death  of  my 
father,  I  w^ent  to  the  Reverend  Mr.  Maury,  a  correct  classical 
scholar,  with  whom  I  continued  two  years  ;  and  then,  to  wit,  in 
the  spring  of  1760,  went  to  William  and  Mary  college  where  I 
continued  two  years.  It  was  my  great  good  fortune,  and  what 
probably  fixed  the  destinies  of  my  fife,  that  Dr.  William  Small  of 
Scotland,  was  then  professor  of  Mathematics,  a  man  profound  in 
most  of  the  useful  branches  of  science,  with  a  happy  talent  of 
communication,  correct  and  gentlemanly  manners,  and  an  enlarged 
and  liberal  mind.  He,  most  happily  for  me,  became  soon  attached 
to  me,  and  made  me  his  daily  companion  when  not  engaged  in 
the  school ;  and  from  his  conversation  I  got  my  first  views  of  the 
expansion  of  science,  and  of  the  system  of  things  in  which  we  are 
placed.  Fortunately,  the  philosophical  chair  became  vacant  soon 
after  my  arrival  at  college,  and  he  was  appointed  to  fill  it  per  in- 
terim :  and  he  was  the  first  who  ever  gave,  in  that  college,  regular 
lectures  in  Ethics,  Rhetoric  and  Belles  lettres.  He  returned  to 
Europe  in  1762,  having  previously  filled  up  the  measure  of  his 
goodness  to  me,  by  procuring  for  me,  from  his  most  intimate  friend 
George  Wythe,  a  reception  as  a  student  of  law,  under  his  direction, 
and  introduced  me  to  the  acquaintance  and  familiar  table  of  Go- 
vernor Fauquier,  the  ablest  man  who  had  ever  filled  that  office. 
With  him,  and  at  his  table.  Dr.  Small  and  Mr.  Wythe,  his  amid 
omnium  horarum,  and  myself,  formed  a  partie  quarree,  and  to  the 
habitual  conversations  on  these  occasions  I  owed  much  instruction. 
Mr.  Wythe  continued  to  be  my  faithful  and  beloved  mentor  in 
youth,  and  my  most  affectionate  friend  through  life.  In  1767,  he 
led  me  into  the  practice  of  the  law  at  the  bar  of  the  General 
court,  at  which  I  continued  until  the  Revolution  shut  up  the  courts 
of  justice.* 

*  For  a  sketch  of  the  life  and  character  of  Mr.  Wythe,  see  my  letter  of  Au- 
gust 31,  1820,  to  Mr.  John  Saundcrson.     [See  Appendix,  note  A.] 


3 

In  1769, 1  became  a  member  of  the  legislature  by  the  choice  of 
the  county  in  which  I  live,  and  so  continued  until  it  was  closed  by 
the  Revolution.  I  made  one  effort  in  that  body  for  the  permission 
of  the  emancipation  of  slaves,  which  was  rejected :  and  indeed, 
during  the  regal  government,  notliing  liberal  could  expect  success. 
Our  minds  were  circumscribed  within  narrow  limits,  by  an  habi- 
tual belief  that  it  was  our  duty  to  be  subordinate  to  the.  mother 
country  in  all  matters  of  government,  to  direct  all  our  labors  in  sub- 
servience to  her  interests,  and  even  to  observe  a  bigoted  intoler- 
ance for  all  religions  but  hers.  The  difficulties  with  our  represen- 
tatives were  of  habit  and  despair,  not  of  reflection  and  conviction. 
Experience  soon  proved  that  they  could  bring  tlieir  minds  to  rights, 
on  the  first  summons  of  their  attention.  But  the  King's  Council, 
which  acted  as  another  house  of  legislature,  held  their  places  at 
will,  and  were  in  most  humble  obedience  to  tliat  will :  tlie  Go- 
vernor too,  who  had  a  negative  on  our  laws,  held  by  the  same  te- 
nure, and  with  still  greater  devotedness  to  it:  and,  last  of  all,  the 
Royal  negative  closed  the  last  door  to  every  hope  of  amelioration. 

On  the  1st  of  January,  1772,  I  was  married  to  Martha  Skelton, 
widow  of  Bathurst  Skelton,  and  daughter  of  John  Wayles,  then 
twenty-three  years  old;  Mr.  Wayles  was  a  lawyer  of  much  prac- 
tice, to  which  he  was  introduced  more  by  his  great  industry,  punc- 
tuality and  practical  readiness,  than  by  eminence  in  the  science  of 
his  profession.  He  was  a  most  agreeable  companion,  full  of  plea- 
santry and  good  humor,  and  welcomed  in  every  society.  He  ac- 
quired a  handsome  fortune^  and  died  in  May,  1773,  leaving  three 
daughters  :  the  portion  which  came  on  that  event  to  Mrs.  Jeffer- 
son, after  the  debts  should  be  paid,  which  were  very  considerable, 
was  about  equal  to  my  own  patrimony,  and  consequently  doubled 
tlie  ease  of  our  circumstances. 

When  the  famous  Resolutions  of  1765,  against  the  Stamp-act, 
were  proposed,  I  was  yet  a  student  of  law  in  Williamsburg.  I  at- 
tended the  debate,  however,  at  the  door  of  the  lobby  of  die 
House  of  Burgesses,  and  heard  the  splendid  display  of  Mr.  Hen- 
ry's talents  as  a  popular  orator.  They  were  great  indeed ;  such 
as  I  have  never  heard  from  any  other  man.  He  appeared  to  me 
to  speak  as  Homer  wrote.  Mr.  Johnson,  a  lawyer,  and  member 
from  the  Northern  neck,  seconded  the  resolutions,  and  by  him 
the  learning  and  logic  of  the  case  were  chiefly  maintained.  My 
recollections  of  these  transactions  may  be  seen  page  60  of  the  life 
of  Patrick  Henry,  by  Wirt,  to  whom  I  furnished  them. 

In  May,  1769,  a  meeting  of  the  General  Assembly  was  called 
by  the  Governor,  Lord  Botetourt.  I  had  then  become  a  member ; 
and  to  that  njeeting  became  known  the  joint  resolutions  and  ad- 


dress  of  the  Lords  and  Commons  of  1768-9,  on  the  proceedings 
in  Massachusetts.  Counter-resolutions,  and  an  address  to  the 
King  by  the  House  of  Burgesses,  were  agreed  to  with  little  oppo- 
sition, and  a  spirit  manifestly  displayed  itself  of  considering  the 
cause  of  Massachusetts  as  a  common  one.  The  Governor  dissolv- 
ed us :  but  we  met  the  next  day  in  the  Apollo^  of  the  Raleigh 
tavern,  (ormed  ourselves  into  a  voluntary  convention,  drew  up  ar- 
ticles of  association  against  the  use  of  any  merchandise  imported 
from  Great  Britain,  signed  and  recommended  them  to  the  people, 
repaired  to  our  several  counties,  and  were  re-elected  without  any 
other  exception  than  of  the  very  few  who  had  declined  assent  to 
our  proceedings. 

Nothing  of  particular  excitement  occurring  for  a  considerable 
time,  our  countrymen  seemed  to  fall  into  a  state  of  insensibility  to 
our  situation ;  the  duty  on  tea,  not  yet  repealed,  and  the  decla- 
ratory act  of  a  right  in  tlie  British  Parliament,  to  bind  us  by  their 
law^s  in  all  cases  w^hatsoever,  still  suspended  over  us.  But  a 
court  of  enquiry  held  in  Rhode  Island  in  1762,  with  a  power  to 
send  persons  to  England  to  be  tried  for  offences  committed  here, 
was  considered,  at  our  session  of  the  spring  of  1773,  as  demanding 
attention.  Not  tliinking  our  old  and  leading  members  up  to  the 
point  of  forwardness  and  zeal  which  the  times  required,  Mr.  Hen- 
ry, Richard  Henry  Lee,  Francis  L.  Lee,  Mr.  Carr  and  myself 
agreed  to  meet  in  the  evening,  in  a  private  room  of  the  Raleigh,  to 
consult  on  the  state  of  things.  There  may  have  been  a  member 
or  two  more  whom  I  do  not  recollect.  We  were  all  sensible  that 
the  most  urgent  of  all  measures  was  that  of  coming  to  an  under- 
standing with  all  the  other  colonies,  to  consider  the  British  claims 
as  a  common  cause  to  all,  and  to  produce  a  unity  of  action :  and 
for  this  purpose  that  a  committee  of  correspondence  in  each  co- 
lony would  be  the  best  instrument  for  intercommunication :  and 
that  their  first  measure  would  probably  be,  to  propose  a  meeting  of 
deputies  from  every  colony,  at  some  central  place,  who  should 
be  charged  with  the  direction  of  the  measures  which  should  be  ta- 
ken by  all.  We  therefore  drew  up  the  resolutions  which  may  be 
seen  in  Wirt,  page  87.  The  consulting  members  proposed  to  me 
to  move  them,  but  I  urged  that  it  should  be  done  by  Mr.  Carr,  my 
friend  and  brother-in-law,  then  a  new  member,  to  whom  I  wished 
an  opportunity  should  be  given  of  making  known  to  the  house  his 
great  wordi  and  talents.  It  was  so  agreed ;  he  moved  them,  they 
were  agreed  to  nem.  con.  and  a  committee  of  correspondence  ap- 
pointed, of  whom  Peyton  Randolph,  the  speaker,  was  chairman. 

[*  The  name,  of  a  public  ruoui  in  llie  Raleigh.] 


The  Governor  (then  Lord  Dunmore)  dissolved  us,  but  the  com- 
mittee met  the  next  day,  prepared  a  circular  letter  to  the  speakers 
of  the  other  colonies,  inclosing  to  each  a  copy  of  the  resolutions, 
and  left  it  in  charge  with  their  chairman  to  forward  them  by  ex- 
presses. 

The  origination  of  these  committees  of  correspondence  between 
the  colonies,  has  been  since  claimed  for  Massachusetts,  and  Mar- 
shall* has  given  into  this  error,  although  the  very  note  of  his  ap- 
pendix to  which  he  refers,  shows  that  dieir  establishment  was  con- 
fined to  their  own  towns.  Thi^  matter  will  be  seen  clearly  stated 
in  a  letter  of  Samuel  Adams  Wells  to  me  of  April  2nd,  1819,  and 
my  answer  of  May  12th.  I  was  corrected  by  the  letter  of  Mr. 
Wells  in  the  information  I  had  given  Mr.  Wirt,  as  stated  in  his 
note,  page  87,  that  the  messengers  of  Massachusetts  and  Virginia 
crossed  each  other  on  the  way,  bearing  similar  propositions ;  for 
Mr.  Wells  shows  that  Massachusetts  did  not  adopt  the  measure, 
but  on  the  receipt  of  our  proposition,  delivered  at  their  next  ses- 
sion. Their  message,  therefore,  which  passed  ours,  must  have  re- 
lated to  something  else,  for  I  well  remember  Peyton  Randolph's  in- 
forming me  of  the  crossing  of  our  messengers.f 

The  next  event  which  excited  our  sympathies  for  Massachusetts, 
was  the  Boston  port  bill,  by  which  that  port  was  to  be  shut  up  on 
the  1st  of  June,  1774.  This  arrived  while  we  were  in  session  in 
the  spring  of  that  year.  The  lead  in  the  House,  on  these  subjects, 
being  no  longer  left  to  the  old  members,  Mr.  Henry,  R.  H.  Lee, 
Fr.  L.  Lee,  three  or  four  other  members,  whom  I  do  not  recol- 
lect, and  myself,  agreeing  that  we  must  boldly  take  an  unequivocal 
stand  in  the  line  with  Massachusetts,  determined  to  meet  and  con- 
sult on  the  proper  measures,  in  the  council  chamber,  for  the  ben- 
efit of  the  library  in  that  room.  We  were  under  conviction  of  the 
necessity  of  arousing  our  people  from  the  lediargy  into  which  they 
had  fallen,  as  to  passing  events  ;  and  thought  that  the  appointment 
of  a  day  of  general  fasting  and  prayer,  would  be  most  likely  to 
call  up  and  alarm  their  attention.  No  example  of  such  a  solem- 
nity had  existed  since  the  days  of  our  distresses  in  the  war  of  '55, 
since  which  a  new  generation  had  grown  up.  With  the  help, 
therefore,  of  Rushworth,  whom  we  rummaged  over  for  the  revo- 
lutionary precedents  and  forms  of  the  Puritans  of  that  day,  pre- 
served by  him,  we  cooked  up  a  resolution,  somewhat  modernizing 
their  phrases,  for  appointing  the  1st  dayof  June,  on  which  the  port 
bill  was  to  commence,  for  a  day  of  fasting,  humiliation  and  prayer, 

*  Life  of  Washington,  vol.  ii.  p.  151. 
[t  Seo  Appendix,  note  B.] 


6 

to  implore  Heaven  to  avert  from  us  the  evils  of  civil  war,  to  in- 
spire us  with  firmness  in  support  of  our  rights,  and  to  turn  the 
hearts  of  the  King  and  Parliament  to  moderation  and  justice.  To 
give  greater  emphasis  to  our  proposition,  we  agreed  to  wait  tlie 
next  morning  on  Mr.  Nicholas,  whose  grave  and  religious  charac- 
ter was  more  in  unison  with  the  tone  of  our  resolution,  and  to  so- 
licit him  to  move  it.  We  accordingly  went  to  him  in  the  morning. 
He  moved  it  the  same  day;  the  1st  of  June  was  proposed;  and 
it  passed  without  opposition.  The  Governor  dissolved  us,  as  usual. 
We  retired  to  the  Apollo,  as  before,  agreed  to  an  association,  and 
instructed  the  committee  of  correspondence  to  propose  to  the  cor- 
responding committees  of  the  other  colonies,  to  appoint  deputies 
to  meet  in  Congress  at  such  place,  annually,  as  should  be  con- 
venient, to  direct,  from  time  to  time,  the  measures  required  by  the 
general  interest :  and  we  declared  that  an  attack  on  any  one  colony, 
should  be  considered  as  an  attack  on  the  whole.  This  was  in 
May.  We  further  recommended  to  the  several  coundes  to  elect 
'deputies  to  meet  at  Williamsburg,  the  1st  of  August  ensuing,  to 
consider  the  state  of  the  colony,  and  particularly  to  appoint  dele- 
gates to  a  general  Congress,  should  that  measure  be  acceded  to 
by  the  committees  of  correspondence  generally.  It  was  acceded 
to ;  Philadelphia  was  appointed  for  the  place,  and  the  5th  of  Sep- 
tember for  the  time  of  meeting.  We  returned  home,  and  in  our 
several  counties  invited  the  clergy  to  meet  assemblies  of  the  peo- 
ple on  the  1st  of  June,  to  perform  the  ceremonies  of  the  day,  and 
to  address  to  them  discourses  suited  to  the  occasion.  The  people 
met  generally,  with  anxiety  and  alarm  in  their  countenances,  and  the 
effect  of  the  day,  through  the  whole  colony,  was  like  a  shock  of 
electricity,  arousing  every  man  and  placing  him  erect  and  solidly 
on  his  centre.  They  chose,  universally,  delegates  for  the  conven- 
tion. Being'  elected  one  for  my  own  county,  I  prepared  a  draught 
of  instructions  to  be  given  to  the  delegates  whom  we  should  send 
to  the  Congress,  which  I  meant  to  propose  at  our  meeting.*  In 
this  I  took  the  ground  that,  from  the  beginning,  I  had  thought  the 
only  one  orthodox  or  tenable,  which  was,  that  the  relation  between 
Great  Britain  and  these  colonies  was  exacdy  the  same  as  that  of 
England  and  Scotland,  after  the  accession  of  James  and  until  the 
union,  and  the  same  as  her  present  relations  with  Hanover,  having 
the  same  executive  chief,  but  no  other  necessary  political  con- 
nection ;  and  that  our  emigration  from  England  to  this  country  gave 
her  no  more  rights  over  us,  than  the  emigrations  of  the  Danes  and 
Saxons  gave  to  the  present  autlioriues  of  the  mother  country,  over 

[*  See  Ap})endix,i)ote  C] 


England.  In  this  doctrine,  however,  I  had  never  been  able  to  get 
any  one  to  agree  with  me  but  Mr.  Wythe.  He  concurred  in  it 
from  the  first  dawn  of  the  question.  What  was  the  political  rela- 
tion between  us  and  England  ?  Our  other  patriots,  Randolph, 
the  Lees,  Nicholas,  Pendleton,  stopped  at  the  half  way  house  of 
John  Dickinson,  who  admitted  that  England  had  a  right  to  regulate 
our  commerce,  and  to  lay  duties  on  it  for  the  purposes  of  regula- 
tion, but  not  of  raising  revenue.  But  for  this  ground  there  was 
no  foundation  in  compact,  in  any  acknowledged  principles  of  colo- 
nization, nor  in  reason  :  expatriation  being  a  natural  right,  and 
acted  on  as  such,  by  all  nations,  in  all  ages.  I  set  out  for  Wil- 
liamsburg some  days  before  that  appointed  for  our  meeting,  but 
was  taken  ill  of  a  dysentery  on  the  road,  and  was  unable  to  proceed. 
I  sent  on,  tlierefore,  to  Williamsburg  two  copies  of  my  draught,  the 
one  under  cover  to  Peyton  Randolph,  who  I  knew  would  be  in  the 
chair  of  the  convention,  the  other  to  Patrick  Henry.  Whether 
Mr.  Henry  disapproved  the  ground  taken,  or  was  too  lazy  to  read 
it  (for  he  was  the  laziest  man  in  reading  I  ever  knew)  I  never 
learned  :  but  he  communicated  it  to  nobody.  Peyton  Randolph 
informed  the  convention,  he  had  received  such  a  paper  from  a 
member,  prevented  by  sickness  from  offering  it  in  his  place,  and 
he  laid  it  on  the  table  for  perusal.  It  was  read  generally  by  die 
members,  approved  by  many,  though  thought  too  bold  for  the  pre- 
sent state  of  things ;  but  they  printed  it  in  pamphlet  form,  under 
the  title  of '  A  summary  view  of  the  rights  of  British  America.'  It 
found  its  way  to  England,  was  taken  up  by  the  opposition,  interpo- 
lated a  little  by  .Mr.  Burke  so  as  to  make  it  answer  opposition  pur- 
poses, and  in  that  form  ran  rapidly  through  several  editions.  This 
information  I  had  from  Paj-son  Hurt,  who  happened  at  the  time  to 
be  in  London,  whither  he  had  gone  to  receive  clerical  orders  ;  and 
I  was  informed  afterwards  by  Peyton  Randolph,  that  it  had  pro- 
cured me  the  honor  of  having  my  name  inserted  in  a  long  list  of 
proscriptions,  enrolled  in  a  bill  of  attainder  commenced  in  one  of 
tlie  Houses  of  Parliament,  but  suppressed  in  embryo  by  the  hasty 
step  of  events,  which  warned  them  to  be  a  litde  cautious.  Mon- 
tague, agent  of  the  House  of  Burgesses  in  England,  made  extracts 
from  the  bill,  copied  the  names,  and  sent  them  to  Peyton  Randolph. 
The  names  I  think  were  about  twenty,  which  he  repeated  to  me, 
but  I  recollect  those  only  of  Hancock,  the  two  Adamses,  Peyton 
Randolph  himself,  Patrick  Henry,  and  myself.*  The  convention 
met  on  the  1st  of  August,  renewed  their  association,  appointed  dele- 
gates to  the  Congress,  gave  them  instructions  very  temperately  and 

*  See  Girardin's  History  of  Virginia,  Appendix  No.  12.  note. 


8 

properly  expressed,  both  as  to  style  and  matter  ;*  and  they  repair- 
ed to  Philadelphia  at  the  time  appointed.  The  splendid  proceed- 
ings of  that  Congress,  at  their  first  session,  belong  to  general  history, 
are  known  to  every  one,  and  need  not  therefore  be  noted  here. 
They  terminated  their  session  on  the  26th  of  October,  to  meet 
again  on  the  10th  of  May  ensuing.  The  convention,  at  their  ensu- 
ing session  of  March  '75,  approved  of  the  proceedings  of  Con- 
gress, thanked  their  delegates,  and  reappointed  the  same  persons 
to  represent  the  colony  at  the  meeting  to  be  held  in  May  :  and 
foreseeing  the  probability  that  Peyton  Randolph,  their  president, 
and  speaker  also  of  the  House  of  Burgesses,  might  be  called  off, 
they  added  me,  in  that  event,  to  the  delegation. 

Mr.  Randolph  was  according  to  expectation  obliged  to  leave  the 
chair  of  Congress,  to  attend  the  General  Assembly  summoned  by 
Lord  Dunmore,  to  meet  on  the  1st  day  of  June,  1775.  Lord 
North's  conciliatory  propositions,  as  they  were  called,  had  been 
received  by  the  Governor,  and  furnished  tlie  subject  for  which  this 
assembly  w^as  convened.  Mr.  Randolph  accordingly  attended,  and 
the  tenor  of  these  propositions  being  generally  known,  as  having 
been  addressed  to  all  the  governors,  he  was  anxious  that  the  an- 
swer of  our  Assembly,  hkely  to  be  the  first,  should  harmonise  with 
what  he  knew  to  be  the  sentiments  and  wishes  of  the  body  he  had 
recently  left.  He  feared  that  Mr.  Nicholas,  whose  mind  was  not 
yet  up  to  the  mark  of  tlie  times,  would  undertake  the  answer,  and 
therefore  pressed  me  to  prepare  it.  I  did  so,  and,  with  his  aid, 
carried  it  through  the  House,  with  long  and  doubtful  scruples  from 
Mr.  Nicholas  and  James  Mercer,  and  a  dash  of  cold  water  on  it 
here  and  there,  enfeebling  it  somewhat,  but  finally  with  unanimity, 
or  a  vote  approaching  it.  This  being  passed,  I  repaired  imme- 
diately to  Philadelphia,  and  conveyed  to  Congress  the  first  notice 
they  had  of  it.  It  was  entirely  approved  there.  I  took  my  seat 
with  them  on  the  21st  of  June.  On  the  24th,  a  committee  which 
had  been  appointed  to  prepare  a  declaration  of  the  causes  of  tak- 
ing up  arms,  brought  in  their  report  (drawn  I  believe  by  J.  Rut- 
ledge)  which,  not  being  hked,  the  House  recommitted  it,  on  the 
26th,  and  added  Mr.  Dickinson  and  myself  to  the  committee.  On 
the  rising  of  the  House,  the  committee  having  not  yet  met,  I  hap- 
pened to  find  myself  near  Governor  W.  Livingston,  and  proposed 
to  him  to  draw  the  paper.  He  excused  himself  and  proposed 
that  I  should  draw  it.  On  my  pressing  him  with  urgency,  '  we 
are  as  yet  but  new  acquaintances,  sir,'  said  he,  '  why  are  you  so 
earnest  for  my  doing  it  ?'  '  because,'  said  I,  *  I  have  been  informed 

[*  See  Appendix,  note  D,] 


9® 

that  you  drew  tlie  Address  to  llie  people  of  Great  Britain,  a 
production,  certainly,  of  the  finest  pen  in  America.'  '  On  that/ 
says  he,  *  perhaps,  sir,  you  may  not  have  been  correctly  informed.' 
I  had  received  the  information  in  Virginia  from  Colonel  Harrison 
on  his  return  from  that  Congress.  Lee,  Livingston  and  Jay  had 
been  the  committee  for  that  draught.  The  first,  prepared  by  Lee, 
had  been  disapproved  and  recommitted.  The  second  was  drawn 
by  Jay,  but  being  presented  by  Governor  Livingston,  had  led  Co- 
lonel Harrison  into  the  error.  The  next  morning,  walking  in  the 
hall  of  Congress,  many  members  being  assembled,  but  the  House 
not  yet  formed,  I  observed  Mr.  Jay,  spealdng  to  R.  H.  Lee,  and 
leading  him  by  the  button  of  his  coat  to  me.  'I  understand,  sir,' 
said  he  to  me,  '  that  tliis  gentleman  informed  you,  that  Governor 
Livingston  drew  the  Address  to  the  people  of  Great  Britain.'  I 
assured  him,  at  once,  that  I  had  not  received  that  information  from 
Mr.  Lee,  and  tliat  not  a  word  had  ever  passed  on  the  subject  be- 
tween Mr.  Lee  and  myself;  and  after  some  explanations  tlie 
subject  was  dropped.  These  gentlemen  had  had  some  sparrings 
in  debate  before,  and  continued  ever  very  hostile  to  each  other. 

I  prepared  a  draught  of  the  declaration  committed  to  us.  It 
was  too  strong  for  Mr.  Dickinson.  He  still  retained  the  hope  of 
reconciliation  widi  the  mother  country,  and  was  unwilling  it  should 
be  lessened  by  offensive  statements.  He  was  so  honest  a  man, 
and  ^o  able  a  one,  that  he  was  greatly  indulged  even  by  those  who 
could  not  feel  his  scruples.  We  therefore  requested  him  to  take 
the  paper,  and  put  it  into  a  form  he  could  approve.  He  did  so, 
preparing  an  entire  new  statement,  and  preserving  of  the  former 
only  the  last  four  paragraphs  and  half  of  the  preceding  one.  We 
approved  and  reported  it  to  Congress,  who  accepted  it.  Congress 
gave  a  signal  proof  of  their  indidgence  to  Mr.  Dickinson,  and  of 
their  great  desire  not  to  go  too  fast  for  any  respectable  part  of  our 
body,  in  permitting  him  to  draw  their  second  petition  to  the  King 
according  to  his  own  ideas,  and  passing  it  with  scarcely  any  amend- 
ment. The  disgust  against  its  humility  was  general;  and  Mr. 
Dickinson's  delight  at  its  passage  was  the  only  circumstance  which 
reconciled  them  to  it.  The  vote  being  passed,  although  further 
observation  on  it  was  out  of  order,  he  could  not  refrain  from  rising 
and  expressing  his  satisfaction,  and  concluded  by  saying  '  there  is 
but  one  word,  Mr.  President,  in  the  paper  which  I  disapprove,  and 
that  is  the  word  Congress  ;'  on  which  Ben  Harrison  rose  and  said 
'  diere  is  but  one  word  in  the  paper,  Mr.  President,  of  which  I 
approve,  and  that  is  the  word  Congress.^ 

On  the  22nd  of  July,  Dr.  Franklin,  Mr.  Adams,  R.  H.  Lee 
and  myself  were  appointed  a  committee  to  consider  and  report  on 

VOL.  1.  2 


'no 

Lord  North's  conciliatory  resolution.  The  answer  of  the  Virginia 
Assembly  on  that  subject  having  been  approved,  I  was  requested 
by  the  committee  to  prepare  this  report,  which  will  account  for  the 
similarity  of  feature  in  the  two  instruments. 

On  the  15th  of  May,  1776,  the  convention  of  Virginia  instructed 
their  delegates  in  Congress,  to  propose  to  that  body  to  declare  the 
colonies  independent  of  Great  Britain,  and  appointed  a  committee 
to  prepare  a  declaration  of  rights  and  plan  of  government. 

*In  Congress,  Friday,  June  7,  1776.  The  delegates  from  Vir- 
ginia moved,  in  obedience  to  instructions  from  their  constituents, 
tliat  the  Congress  should  declare  that  these  United  colonies  are, 
and  of  right  ought  to  be,  free  and  independent  states,  that  they  are 
absolved  from  all  allegiance  to  the  British  crown,  and  that  all  po- 
litical connection  between  them  and  the  state  of  Great  Britain  is, 
and  ought  to  be,  totally  dissolved ;  that  measures  should  be  imme- 
diately taken  for  procuring  the  assistance  of  foreign  powers,  and  a 
Confederation  be  formed  to  bind  tiie  colonies  more  closely  to- 
gether. 

The  House  being  obliged  to  attend  at  that  time  to  some  other 
business,  the  proposition  was  referred  to  the  next  day,  when  the 
members  were  ordered  to  attend  punctually  at  ten  o'clock. 

Saturday,  June  8.  They  proceeded  to  take  it  into  considera- 
tion, and  referred  it  to  a  committee  of  the  whole,  into  which  they 
immediately  resolved  themselves,  and  passed  that  day  and  Monday 
tlie  10th  in  debating  on  the  subject. 

It  was  argued  by  Wilson,  Robert  R.  Livingston,  E.  Rutledge, 
Dickinson  and  others — 

That,  though  they  were  friends  to  tlie  measures  themselves,  and 
saw  the  impossibility  that  we  should  ever  again  be  united  with  Great 
Britain,  yet  they  were  against  adopting  them  at  this  time  : 

That  the  conduct  we  had  formerly  observed  was  wise  and  pro- 
per now,  of  deferring  to  take  any  capital  step  till  the  voice  of  the 
people  drove  us  into  it : 

That  they  were  our  power,  and  without  them  our  declarations 
could  not  be  carried  into  effect : 

That  the  people  of  the  middle  colonies  (Maryland,  Delaware, 
Pennsylvania,  the  Jerseys  and  New  York)  were  not  yet  ripe  for 
bidding  adieu  to  British  connection,  but  that  they  were  fast  ripen- 
ing, and,  in  a  short  time,  would  join  in  tlie  general  voice  of 
America : 

[*  Here,  in  the  original  manuscript,  commence  the  '  two  preccdin^yr  sheets' 
referred  to  by  Mr.  Jefferson,  page  20,  as  containing  '  notes'  taken  by  him 
'  whilst  these  things  were  going  on.'  They  are  easily  distinguished  from  the 
body  of  the  MS.  in  which  they  were  inserted  by  him,  being  of  a  paper  very 
different  in  size,  quality  and  color,  from  that  on  which  the  latter  is  written.] 


# 


That  the  resolution,  entered  into  by  this  House  on  the  15th  of 
May,  for  suppressing  the  exercise  of  all  powers  derived  from  the 
crown,  had  shewn,  by  the  ferment  into  which  it  had  thrown  these 
middle  colonies,  that  they  had  not  yet  accommodated  tlieir  minds 
to  a  separation  from  the  mother  country : 

That  some  of  them  had  expressly  forbidden  their  delegates  to 
consent  to. such  a  declaration,  and  others  had  given  no  instructions, 
and  consequently  no  powers  to  give  such  consent : 

That  if  the  delegates  of  any  particular  colony  had  no  power  to 
declare  such  colony  independent,  certain  they  were,  the  others 
could  not  declare  it  for  them ;  the  colonies  being  as  yet  perfectly 
independent  of  each  other  : 

That  the  assembly  of  Pennsylvania  was  now  sitting  above  stairs, 
their  convention  would  sit  within  a  few  days,  the  convention  of 
New  York  was  now  sitting,  andtliose  of  the  Jerseys  and  Delaware 
counties  would  meet  on  the  Monday  following,  and  it  was  probable 
these  bodies  would  take  up  the  question  of  Independence,  and  would 
declare  to  their  delegates  the  voice  of  their  state  : 

That  if  such  a  declaration  should  now  be  agreed  to,  these  de- 
legates must  retire,  and  possibly  their  colonies  might  secede  from 
the  Union : 

That  such  a  secession  would  weaken  us  more  than  could  be 
compensated  by  any  foreign  alliance  : 

That  in  the  event  of  such  a  division,  foreign  powers  would 
either  refuse  to  join  themselves  to  our  fortunes,  or,  having  us  so 
much  in  their  power  as  that  desperate  declaration  would  place  us, 
they  would  insist  on  terms  proportionably  more  hard  and  preju- 
dicial : 

That  we  had  little  reason  to  expect  an  alliance  with  those  to 
whom  alone,  as  yet,  we  had  cast  our  eyes : 

That  France  and  Spain  had  reason  to  be  jealous  of  that  rising 
power,  which  would  one  day  certainly  strip  them  of  all  their  Ame- 
rican possesions : 

That  it  was  more  likely  they  should  form  a  connection  witli  the 
British  court,  who,  if  they  should  find  themselves  unable  otherwise 
to  extricate  themselves  from  their  difficulties,  would  agree  to  a  par- 
tition of  our  territories,  restoring  Canada  to  France,  and  the  Flori- 
das  to  Spain,  to  accomplish  for  themselves  a  recovery  of  these 
colonies : 

That  it  would  not  be  long  before  we  should  receive  certain  in- 
formation of  the  disposition  of  the  French  court,  from  the  agent 
whom  we  had  sent  to  Paris  for  that  purpose  : 

That  if  this  disposition  should  be  favorable,  by  waiting  the  event 
of  the  present  campaign,  which  we  all  hoped  would  be  success- 
ful, w^e  should  have  reason  to  expect  an  alliance  on  better  terms : 


12 

That  this  would  in  fact  work  no  delay  of  any  effectual  aid  from 
such  ally,  as,  from  the  advance  of  the  season  and  distance  of  our 
situation,  it  was  impossible  we  could  receive  any  assistance  during 
this  campaign : 

That  it  was  prudent  to  fix  among  ourselves  the  terms  on  which 
we  would  form  alliance,  before  we  declared  we  would  form  one 
at  all  events  : 

And  that  if  these  were  agreed  on,  and  our  Declaration  of  Inde- 
pendence ready  by  the  time  our  Ambassador  should  be  prepared 
to  sail,  it  would  be  as  well,  as  to  go  into  tliat  Declaration  at  tliis 
day. 

On  the  other  side,  it  was  urged  by  J.  Adams,  Lee,  Wytlie  and 
others,  that  no  gentleman  had  argued  against  the  policy  or  the  right 
of  separation  from  Britain,  nor  had  supposed  it  possible  we  should 
ever  renew  our  connection ;  that  they  had  only  opposed  its  being 
now  declared : 

That  the  question  was  not  whether,  by  a  Declaration  of  Inde- 
pendence, we  should  make  ourselves  what  we  are  not ;  but 
whether  we  should  declare  a  fact  which  already  exists  : 

That,  as  to  the  people  or  parliament  of  England,  we  had  always 
been  independent  of  them,  their  restraints  on  our  trade  deriving 
efficacy  from  our  acquiescence  only,  and  not  from  any  rights  they 
possessed  of  imposing  them,  and  that  so  far,  our  connection  had 
been  federal  only,  and  was  now  dissolved  by  the  commencement 
of  hostilities : 

That,  as  to  the  King,  we  had  been  bound  to  him  by  allegiance, 
but  that  this  bond  was  now  dissolved  by  his  assent  to  the  late  act 
of  parliament,  by  which  he  declares  us  out  of  his  protection,  and 
by  his  levying  war  on  us,  a  fact  which  had  long  ago  proved  us  out 
of  his  protection  ;  it  being  a  certain  position  in  law,  that  allegiance 
and  protection  are  reciprocal,  the  one  ceasing  when  the  otlier  is 
witli drawn  : 

That  James  the  II.  never  declared  the  people  of  England  out 
of  his  protection,  yet  his  actions  proved  it  and  the  parliament  de- 
clared it : 

No  delegates  then  can  be  denied,  or  ever  want,  a  power  of 
declaring  an  existent  truth  : 

That  the  delegates  from  the  Delaware  coimties  having  declared 
their  constituents  ready  to  join,  there  are  only  two  colonies,  Penn- 
sylvania and  Maryland,  whose  delegates  are  absolutely  tied  up,  and 
that  these  had,  by  their  instructions,  only  reserved  a  right  of  con- 
firming or  rejecting  the  measure  : 

That  the  instructions  from  Pennsylvania  might  be  accounted  for 
from  the  times  in  which  they  were  drawn,  near  a  twelvemonth 
ago,  since  which  the  face  of  affairs  has  totally  changed : 


That  witliin  that  time,  it  had  become  apparent  that  Britain  was 
determined  to  accept  nothing  less  than  a  carte-blanche,  and  that 
the  King's  answer  to  the  Lord  Mayor,  Aldermen  and  Common 
Council  of  London,  which  had  come  to  hand  four  days  ago,  must 
have  satisfied  every  one  of  tliis  point : 

That  the  people  wait  for  us  to  lead  the  way : 

That  they  are  in  favour  of  the  measure,  though  the  instructions 
given  by  some  of  their  representatives  are  not : 

That  the  voice  of  the  representatives  is  not  always  consonant 
with  the  voice  of  the  people,  and  that  this  is  remarkably  the  case 
in  these  middle  colonies  : 

That  the  effect  of  the  resolution  of  the  1 5th  of  May  has  proved 
this,  which,  raising  the  murmurs  of  some  in  the  colonies  of  Penn- 
sylvania and  Maryland,  called  forth  the  opposing  voice  of  the  freer 
part  of  the  people,  and  proved  them  to  be  the  majority  even  in 
tliese  colonies : 

That  the  backwardness  of  these  two  colonies  might  be  ascribed, 
partly  to  the  influence  of  proprietary  power  and  connections,  and 
partly,  to  their  having  not  yet  been  attacked  by  the  enemy : 

That  these  causes  were  not  likely  to  be  soon  removed,  as  there 
seemed  no  probability  that  the  enemy  would  make  either  of  these 
the  seat  of  this  summer's  war : 

That  it  would  be  vain  to  wait  either  weeks  or  months  for  perfect 
unanimity,  since  it  was  impossible  that  all  men  should  ever  become 
of  one  sentiment  on  any  question  : 

That  the  conduct  of  some  colonies,  from  the  beginning  of  tliis 
contest,  had  given  reason  to  suspect  it  was  their  settled  policy  to 
keep  m  the  rear  of  the  confederacy,  that  their  particular  prospect 
might  be  better,  even  in  the  worst  event : 

That,  therefore,  it  was  necessary  for  those  colonies  who  had 
thrown  themselves  forward  and  hazarded  all  from  the  beginning, 
to  come  forward  now  also,  and  put  all  again  to  their  own  hazard : 

That  the  history  of  the  Dutch  revolution,  of  whom  three  states 
only  confederated  at  first,  proved  that  a  secession  of  some  colo- 
nies would  not  be  so  dangerous  as  some  apprehended  : 

That  a  declaration  of  Independence  alone  could  render  it  con- 
sistent with  European  delicacy,  for  European  powers  to  treat  widi 
us,  or  even  to  receive  an  Ambassador  from  us : 

That  till  this,  they  would  not  receive  our  vessels  into  their  ports, 
nor  acknowledge  the  adjudications  of  our  courts  of  admiralty  to 
be  legitimate,  in  cases  of  capture  of  British  vessels : 

That  though  France  and  Spain  may  be  jealous  of  our  rising 
power,  they  must  think  it  will  be  much  more  formidable  with  the 
addition  of  Great  Britain ;  and  will  therefore  see  it  their  interest 


14 

to  prevent  a  coalition ;  but  should  tliey  refuse,  we  shall  be  but 
where  we  are  ;  whereas  without  trying,  we  shall  never  know  whe- 
ther they  will  aid  us  or  not : 

That  the  present  campaign  may  be  unsuccessful,  and  therefore 
we  had  better  propose  an  alliance  while  our  affairs  wear  a  hopeful 
aspect : 

That  to  wait  the  event  of  this  campaign  will  certainly  work  de- 
lay, because,  during  this  summer,  France  may  assist  us  effectually, 
by  cutting  off  those  supplies  of  provisions  from  England  and  Ireland, 
on  which  the  enemy's  armies  here  are  to  depend ;  or  by  setting 
in  motion  the  great  power  they  have  collected  in  the  West  Indies, 
and  calling  our  enemy  to  tlie  defence  of  the  possessions  they  have 
there  : 

That  it  would  be  idle  to  lose  time  in  settling  the  terms  of  alli- 
ance, till  we  had  first  determined  we  would  enter  into  alliance  : 

That  it  is  necessary  to  lose  no  time  in  opening  a  trade  for  our 
people,  who  will  want  clothes,  and  will  want  money  too,  for  the 
payment  of  taxes : 

And  that  the  only  misfortune  is,  that  we  did  not  enter  into  alli- 
ance v/ith  France  six  months  sooner,  as,  besides  opening  her  ports 
for  the  vent  of  our  last  year's  produce,  she  might  have  marched 
an  army  into  Germany,  and  prevented  the  petty  princes  there, 
from  selling  their  unhappy  subjects  to  subdue  us. 

It  appearing  in  the  course  of  these  debates,  that  the  colonies  of 
New  York,  New  Jersey,  Pennsylvania,  Delaware,  Maryland,  and 
South  Carolina  were  not  yet  matured  for  falling  from  the  parent 
stem,  but  that  they  were  fast  advancing  to  that  state,  it  was  thought 
most  prudent  to  wait  a  while  for  them,  and  to  postpone  the  final 
decision  to  July  1st :  but,  that  this  might  occasion  as  litde  delay  as 
possible,  a  committee  was  appointed  to  prepare  a  Declaration  of 
Independence.  The  committee  were  John  Adams,  Dr.  Franklin, 
Roger  Sherman,  Robert  R.  Livingston,  and  myself.  Committees 
were  also  appointed,  at  the  same  time,  to  prepare  a  plan  of  con- 
federation for  the  colonies,  and  to  state  the  terms  proper  to  be 
proposed  for  foreign  alliance.  The  committee  for  drawing  the 
Declaration  oi  Independence,  desired  me  to  do  it.  It  was  accord- 
ingly done,  and  being  approved  by  them,  I  reported  it  to  the  House 
on  Friday,  the  28th  of  June,  when  it  was  read  and  ordered  to  lie 
on  the  table.  On  Monday,  the  1st  of  July,  the  House  resolved 
itself  into  a  committee  of  the  whole,  and  resumed  the  consideration 
of  the  original  motion  made  by  the  delegates  of  Virginia,  which, 
being  again  debated  through  the  day,  was  carried  in  the  affirma- 
tive by  the  votes  of  New  Hampshire,  Connecticut,  Massachusetts, 
Rhode  Island,  New  Jersey,  Maryland,  Virginia,  North  Carolina 


15 

and  Georgia.  South  Carolina  and  Pennsylvania  voted  against  it. 
Delaware  had  but  two  members  present,  and  they  were  divided. 
The  delegates  from  New  York  declared  they  were  for  it  them- 
selves, and  were  assured  their  constituents  were  for  it ;  but  that 
tlieir  instructions  having  been  drawn  near  a  twelvemonth  before, 
when  reconciliation  was  still  the  general  object,  they  were  enjoined 
by  them  to  do  nothing  which  should  impede  tliat  object.  They 
therefore  thought  themselves  not  justifiable  in  voting  on  eitlier  side, 
and  asked  leave  to  withdraw  from  the  question ;  which  was  given 
them.  The  committee  rose  and  reported  their  resolution  to  the 
House.  Mr.  Edward  Rutledge,  of  South  Carolina,  then  request- 
ed the  determination  might  be  put  off  to  the  next  day,  as  he  be- 
lieved his  colleagues,  though  they  disapproved  of  the  resolution, 
would  then  join  in  it  for  the  sake  of  unanimity^  The  ultimate 
question,  whether  the  House  would  agree  to  the  resolution  of  the 
committee,  was  accordingly  postponed  to  the  next  day,  when  it  was 
again  moved,  and  South  Carolina  concurred  in  voting  for  it.  In 
tlie  mean  time,  a  third  member  had  come  post  from  the  Delaware 
counties,  and  turned  the  vote  of  that  colony  in  favor  of  the  reso- 
lution. Members  of  a  different  sentiment  attending  that  morning 
from  Pennsylvania  also^  her  vote  was  changed,  so  that  the  whole 
twelve  colonies  who  were  autliorised  to  vote  at  all,  gave  their 
voices  for  it ;  and,  within  a  few  days,*  the  convention  of  New 
York  approved  of  it,  and  thus  supplied  the  void  occasioned  by  tlie 
withdrawing  of  her  delegates  from  the  vote. 

Congress  proceeded  the  same  day  to  consider  the  Declaration 
of  Independence,  which  had  been  reported  and  laid  on  the  table 
tlie  Friday  preceding,  and  on  Monday  referred  to  a  committee  of 
die  whole.  The  pusillanimous  idea  that  we  had  friends  in  England 
worth  keeping  terms  with,  •still  haunted  the  minds  of  many.  For 
this  reason,  those  passages  which  conveyed  censures  on  die  peo- 
ple of  England  were  struck  out,  lest  tliey  should  give  them  offence. 
The  clause  too,  reprobating  the  enslaving  die  inhabitants  of  Africa, 
was  struck  out  in  complaisance  to  South  Carolina  and  Georgia, 
who  had  never  attempted  to  restrain  the  importation  of  slaves,  and 
who,  on  the  contrary,  sdll  wished  to  condnue  it.  Our  northern 
brethren  also,  I  believe,  felt  a  little  tender  under  those  censures ; 
for  though  their  people  had  very  few  slaves  themselves,  yet  they 
had  been  pretty  considerable  carriers  of  them  to  others.  The 
debates  having  taken  up  the  greater  parts  of  die  2nd,  3rd,  and  4th 
days  of  July,  were,  on  the  evening  of  the  last,  closed ;  the  Decla- 
ration was  reported  by  the  committee,  agreed  to  by  die  House,  and 

*  July  9. 


16 

signed  by  every  member  present,  except  Mr.  Dickinson.  As  the 
sentiments  of  men  are  known  not  only  by  what  they  receive,  but 
w^hat  they  reject  also,  1  will  state  the  form  of  the  Declaration  as 
originally  reported.  The  parts  struck  out  by  Congress  shall  be  dis- 
tinguished by  a  black  line  drawn  under  them  ;*  and  diose  inserted 
by  them  shall  be  placed  in  the  margin,  or  in  a  concurrent  column. 

A  Declaration  by  the  Representatives  of  the  United  States  of  Ame- 
rica, in  General  Congress  assembled. 

When,  in  the  course  of  human  events,  it  becomes 
necessary  for  one  people  to  dissolve  tlie  polidcal  bands 
which  have  connected  them  with  another,  and  to  as- 
sume among  the  powers  of  the  earth  the  separate  and 
equal  station  to  which  the  laws  of  nature  and  of  na- 
ture's God  entitle  them,  a  decent  respect  to  the  opin- 
ions of  mankind  requires  that  they  should  declare  the 
causes  which  impel  them  to  the  separadon. 

We  hold  these  truths  to  be  self  evident :  that  all 
men  are  created  equal ;  that  they  are  endowed  by 
certain  their  Creator  with  [inherent  ami]  inalienable  rights ; 

that  among  these  are  life,  liberty  and  the  pursuit  of 
happiness ;  that  to  secure  these  rights,  governments 
are  instituted  among  men,  deriving  their  just  powers 
from  the  consent  of  the  governed ;  that  whenever  any 
form  of  government  becomes  destructive  of  these  ends, 
it  is  the  right  of  the  people  to  alter  or  to  abolish  it,  and 
to  institute  new  government,  laying  its  foundation  on 
'  such  principles,  and  organizing  its  powers  in  such  form, 
as  to  them  shall  seem  most  likely  to  effect  their  safety 
and  happiness.  Prudence,  indeed,  will  dictate  that 
governments  long  established  should  not  be  changed 
for  hght  and  transient  causes  ;  and  accordingly  all  ex- 
perience hath  shewn  that  mankind  are  more  disposed 
to  suffer  while  evils  are  sufFerable,  than  to  right  them- 
selves by  abolishing  the  forms  to  which  they  are  ac- 
customed. But  when  a  long  train  of  abuses  and  usur- 
pations \hegun  at  a  distinguished  period  and\  pursu- 
ing invariably  the  same  object,  evinces  a  design  to  re- 
duce them  under  absolute  despotism,  it  is  their  right, 
it  is  their  duty  to  throw  off"  such  governrfient,  and  to 
provide  new  guards  for  their  future  security.     Such 

[*  In  this  publicatioiij  the  parts  struck  out  are  printed  in  Italics  and  in- 
Kjlosed  in  brackets.] 


17 

has  been  the  patient  siifFerancc  of  these  colonies ;  and 
such  is  now  tlie  necessity  which  constrains  them  to 
{^eccjmnge]  their  former  systems  of  government.     The  alter 
history  of  the  present  king  of  Great  Britain  is  a  his- 
tory of  [iin7'emiitmg]  injuries  and  usurpations,  [^cimong  repeated 
which  appears  no  solitary  fact  to  contradict  the  uniform 
tenor  of  the  rest,  but  all  have^   in  direct  object  the  nii  ijavinj? 
establishment  of  an  absolute  tyranny  over  these  states. 
To  prove  this,  let  facts  be  submitted  to  a  candid  world 
r/br  the  truth  of  which  ive  pledge  a  faith  yet  unsullied 
by  falsehood,~\ 

He  has  refused  his  assent  to  laws  the  most  whole- 
some and  necessary  for  the  public  good. 

He  has  forbidden  his  governors  to  pass  laws  of  im- 
mediate and  pressing  importance,  unless  suspended  in 
their  operation  till  his  assent  should  be  obtained  ;  and, 
when  so  suspended,  he  has  utterly  neglected  to  attend 
to  them. 

He  has  refused  to  pass  other  laws  for  the  accom- 
modation of  large  districts  of  people,  unless  those  peo- 
ple would  relinquish  the  right  of  representation  in  the 
legislature,  a  right  inestimable  to  them,  and  formidable 
to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places 
unusual,  uncomfortable,  and  distant  from  the  deposi- 
tory of  their  public  records,  for  the  sole  purpose  of ' 
fatiguing  tliem  into  compliance  with  his  measures. 

He  has  dissolved  representative  houses  repeatedly 
[and  continually^  for  opposing  witli  manly  firmness 
his  invasions  on  the  rights  of  the  people. 

He  has  refused  for  a  long  time  after  such  dissolur 
lions  to  cause  others  to  be  elected,  whereby  the  legis- 
lative powers,  incapable  of  annihilation,  have  returned 
to  the  people  at  large  for  dieir  exercise,  the  state  re- 
maining, in  the  mean  time,  exposed  to  all  the  dangers 
of  invasion  from  witliout  aqd  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of 
these  states ;  for  that  purpose  obstructing  the  laws  for 
naturalization  of  foreigners,  refusing  to  pass  others  to 
encourage  their  migrations  hither,  and  raising  the  con- 
ditions of  new  appropriations  of  lands. 

He  has  [suffered']  the  administration  of  justice  [to-  obstructed 
tally  to  cease  in  some  of  these  states]  refusing  his  as-  i.y 
sent  to  laws  for  establishing  judiciary  powers* 

TOL.  I.  3 


18 


in  many  cases 


colonies 


by  declaring 
us  out  of  his 
protection  and 
waging  war 
against  us. 


scarcely  pa- 
ralleled in  the 
most  barba- 
rous ages  and 
totally 


He  has  made  [owr]  judges  dependant  on  his  will 
alone  for  the  tenure  of  their  offices,  and  the  amount 
and  payment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  [by  a 
self-assumed  power]  and  sent  hither  swarms  of  new 
officers  to  harrass  our  people  and  eat  out  their  sub- 
stance. 

He  has  kept  among  us  in  times  of  peace  standing 
armies  \_and  ships  of  war]  without  the  consent  of  our 
legislatures. 

He  has  affected  to  render  the  military  independent 
of,  and  superior  to,  the  civil  power. 

He  has  combined  with  others  to  subject  us  to  a  ju- 
risdiction foreign  to  our  constitutions  and  unacknow- 
ledged by  our  laws,  giving  his  assent  to  their  acts  of 
pretended  legislation  for  quartering  large  bodies  of 
armed  troops  among  us ;  for  protecting  them  by  a 
mock  trial  from  punishment  for  any  murders  which 
they  should  commit  on  the  inhabitants  of  these  states ; 
for  cutting  off  our  trade  with  all  parts  of  the  world ; 
for  imposing  taxes  on  us  without  our  consent ;  for  de- 
priving us  [  ]  of  the  benefits  of  trial  by  jury ;  for  trans- 
porting us  beyond  seas  to  be  tried  for  pretended  of- 
fences ;  for  abolishing  the  free  system  of  English  laws 
in  a  neighboring  province,  establishing  therein  an  ar- 
bitrary government,  and  enlarging  its  boundaries,  so 
as  to  render  it  at  once  an  example  and  fit  instrument 
for  introducing  the  same  absolute  rule  into  these 
Instates]  ;  for  taking  away  our  charters,  abolishing  our 
most  valuable  laws,  and  altering  fundamentally  the 
forms  of  our  governments ;  for  suspending  our  own 
legislatures,  and  declaring  themselves  invested  with 
power  to  legislate  for  us  in  all  cases  whatsoever. 

He  has  abdicated  government  here  [withdrawing 
his  governors,  and  declaring  us  out  of  his  allegiance 
and  protection.] 

He  has  plundered  our  seas,  ravaged  our  coasts, 
burnt  our  towns  and  destroyed  the  lives  of  our  peo- 
ple. 

He  is  at  this  time  transporting  large  armies  of  fo- 
reign mercenaries  to  complete  the  works  of  death,  de- 
solation and  tyranny  already  begun  with  circumstances 
of  cruelty  knd  perfidy  [  ]  unworthy  the  head  of  a 
civilized  nation. 


19 

He  has  constrained  our  fellow  citizens  taken  captive 
on  the  high  seas  to  bear  arms  against  their  country,  to 
become  fie  executioners  of  their  friends  and  brethren, 
or  to  fall  themselves  by  their  hands. 

He  has  f  1  endeavored  to  brine;  on  the  inhabitants  excited  do 

P  f         '  1  •!  T     V  1  mestic  inaur- 

01  our  irontiers  the  merciless  Indian  savages,  whose  rections 
known  rule  of  warfare  is  an  undistinguished  destruc-  S""^  "^' "" 
tion  of  all  ages,  sexes  and  conditions  [q/*  existence.~\ 

[iie  has  incited  treasonable  insurrections  of  our  fel- 
low citizens  f  with  the  allurements  of  forfeiture  and 
confiscation  of  our  property. 

He  has  waged  cruel  war  against  human  nature  it- 
self violating  its  most  sacred  rights  of  life  and  liberty 
in  the  persons  of  a  distant  people  who  never  offended 
him,  captivating  and  carrying  them  into  slavery  in 
another  hemisphere,  or  to  incur  miserable  death  in  their 
transportation  thither.  This  piratical  warfare,  the 
opprobium  of  infidel  powers,  is  the  warfare  of  the 
CHRISTIAN  king  of  Great  Britain.  Determined  to 
keep  open  a  market  where  men  should  be  bought  and 
sold,  he  has  prostituted  his  negative  for  suppressing 
every  legislative  attempt  to  prohibit  or  to  restrain  this 
execrable  commerce.  And  that  this  assemblage  of  hor- 
rors might  want  no  fact  of  distinguished  die,  he  is  now 
exciting  those  very  people  to  rise  in  arms  among  us, 
and  to  purchase  that  liberty  of  which  he  has  deprived 
them,  by  murdering  the  people  on  whom  he  also  ob- 
truded them :  thu^  paying  off  former  crimes  committed 
against  the  liberties  of  one  people,  with  crimes  which 
he  xirges  them  to  commit  against  the  lives  of  another.'] 

In  every  stage  of  these  oppressions  we  have  peti- 
tioned for  redress  in  the  most  humble  terms  :  our  re- 
peated petitions  have  been  answered  only  by  repeated 
injuries. 

A  prince  whose  character  is  thus  marked  by  every 
act  which  may  define  a  tyrant  is  unfit  to  be  the  ruler  of 
a  []  people  \who  mean  to  be  free.  Future  ages  will  free 
scarcely  believe  that  the  hardiness  of  one  man  adven- 
tured, within  the  short  compass  of  twelve  years  only, 
to  lay  a  foundation  so  broad  and  so  undisguised  for 
tyranny  over  a  people  fostered  and  fixed  in  principles 
of  freedom.] 

Nor  have  we  been  wanting  in  attentions  to  our 
British  brethren.      We  have  warned  them  from  time 


20 

anMnwarrani-  to  time  of  attempts  by  their  legislature  to  extend  [a] 
is  jurisdiction   over  [the^e  our  states^.     We  have  re- 

minded them  of  the  circumstances  of  our  emigration 
and  settlement  here,  [iio  one  of  which  could  warrant 
so  strange  a  pretension :  that  these  were  effected  at 
the  expence  of  our  oivn  blood  and  treasure,  unassisted 
by  the  wealth  or  the  strength  of  Great  Britain :  that 
in  constituting  indeed  our  several  forms  of  govern- 
ment, we  had  adopted  one  common  king,  thereby  lay- 
ing a  foundation  for  perpetual  league  and  amity 
with  them :  but  that  submission  to  their  parliament 
was  no  part  of  our  constitution,  nor  ever  in  idea,  if 
have  history  may  be  credited :  and,^  we  [  ]  appealed  to 

and  we  have  their  native  justice  and  magnanimity  [ff5  well  as  to~\ 
conjure  em  ^^  ^^^  ^^  our  common  kindred  to  disavow  these 
wouM  iiievi-  ugurpations  which  [were  likely  to']  interrupt  our  con- 
nection and  correspondence.  They  too  have  been 
deaf  to  the  voice  of  justice  and  of  consanguinity, 
[and  when  occasions  have  been  given  them,  by  the  re- 
gular course  of  their  laws,  of  removing  from  their 
councils  the  disturbers  of  our  harmony,  they  have,  by 
their  free  election,  re-established  them  in  power.  At 
this  very  time  too,  they  are  permitting  their  chief 
magistrate  to  send  over  not  only  soldiers  of  our  com- 
mon blood,  but  Scotch  and  foreign  mercenaries  to  in- 
vade and  destroy  us.  These  facts  have  given  the  last 
stab  to  agonizing  affection,  and  manly  spirit  bids  us 
to  renounce  for  ever  these  unfeeling  brethren.  We 
must  endeavor  to  forget  our  former  love  for  them,  and 
hold  them  as  we  hold  the  rest  of  mankind,  enemies 
in  war,  in  peace  friends.  We  might  have  been  a  free 
and  a  great  people  together ;  but  a  communication 
of  grandeur  and  of  freedom,  it  seems,  is  below  their 
dignity.  Be  it  so,  since  they  will  have  it.  The  road 
to  happiness  and  to  glory  is  open  to  us  too.  We 
will  tread  it  apart  from  them,  and  ]  acquiesce  in  the 
th?re"?ore         neccssity    which    denounces   our   [eternal]    separa- 

and  hold  them    tion  [  1  ! 
as  we  hold  the 
rest  of  man- 
kind, enemies 
in  war,  in 
peace  friends. 


21 


We  therefore  the  representa- 
tives of  the  United  States  of 
America  in  General  Congress 
assembled,  do  in  the  name,  and 
by  the  authority  of  the  good  peo- 
ple of  these  [^states  reject  and 
renounce  all  allegiance  and  sub- 
jection to  the  kings  of  Great 
Britain  and  all  others  who  may 
hereafter  claim  by,  through  or 
under  them;  we  utterly  dissolve 
all  political  connection  which  may 
heretofore  have  subsisted  between 
iM  and  the  people  or  parliament 
of  Great  Britain :  and  finally 
we  do  assert  and  declare  these 
colonies  to  be  free  and  indepen- 
dent states,']  and  that  as  free  and 
independent  states,  they  have 
full  power  to  levy  war,  conclude 
peace,  contract  alliances,  esta- 
lish  commerce,  and  to  do  all 
other  acts  and  things  which  inde- 
pendent states  may  of  right  do. 

And  for  the  support  of  this 
declaration,  we  mutually  pledge 
to  each  oriier  our  lives,  our  for- 
tunes, and  our  sacred  honour. 


We  therefore  the  representa- 
tives of  the  United  States  of 
America  in  General  Congress 
assembled,  appealing  to  the  su- 
preme judge  of  the  world  for 
tlie  rectitude  of  our  intentions, 
do  in  the  name,  and  by  the  au- 
thority of  the  good  people  of 
these  colonies,  solemnly  publish 
and  declare,  diat  tliese  united 
colonies  are,  and  of  right  ought 
to  be  free  and  independent 
states  ;  that  they  are  absolved 
from  all  allegiance  to  the  British 
crown,  and  that  all  political  con- 
nection between  tliem  and  the 
state  of  Great  Britain  is,  and 
ought  to  be,  totally  dissolved  ; 
and  that  as  free  and  independent 
states,  they  have  full  power  to 
levy  war,  conclude  peace,  con 
tract  alliances,  establish  com- 
merce, and  to  do  all  other  acts 
and  things  which  independent 
states  may  of  right  do. 

And  for  the  support  of  this 
declaration,  with  a  firm  reliance 
on  the  protection  of  divine  pro- 
vidence, we  mutually  pledge  to 
each  other  our  lives,  our  for- 
tunes, and  our  sacred  honour. 


The  Declaration  thus  signed  on  the  4th,  on  paper,  was  engrossed 
on  parchment,  and  signed  again  on  the  2nd  of  August. 

[Some  erroneous  statements  of  the  proceedings  on  the  Declara- 
tion of  Independence  having  got  before  tlie  public  in  latter  times, 
Mr.  Samuel  A.  Wells  asked  explanations  of  me,  which  are  given 
in  my  letter  to  him  of  May  12,  '19,  before  and  now  again  referred 
to.*  I  took  notes  in  my  place  while  these  tilings  were  going  on, 
and  at  their  close  wrote  them  out  in  form  and  with  correctness, 
and  from  1  to  7  of  the  two  preceding  sheets,  are  the  originals  then 


[*  Sec  Appendix,  note  B.] 


22 

written ;  as  the  two  following  are  of  the  earlier  debates  on  the 
Cofederation,  which  I  took  in  like  manner.*] 

On  Friday,  July  12,  the  committee  appointed  to  draw  the  arti- 
cles of  Confederation  reported  them,  and,  on  the  22nd,  the  House 
resolved  themselves  into  a  committee  to  take  them  into  considera- 
tion. On  the  30th  and  31st  of  that  month,  and  1st  of  the  ensuing, 
those  articles  were  debated  which  determined  the  proportion,  or 
quota,  of  money  which  each  state  should  furnish  to  the  common 
treasury,  and  the  manner  of  voting  in  Congress.  The  first  of 
these  articles  was  expressed  in  the  original  draught  in  these  words. 
*  Art.  XI.  All  charges  of  war  and  all  other  expences  that  shall  be 
incurred  for  the  common  defence,  or  general  welfare,  and  allowed 
by  the  United  States  assembled,  shall  be  defrayed  out  of  a  com- 
mon treasury,  which  shall  be  supplied  by  the  several  colonies  in 
proportion  to  the  number  of  inhabitants  of  every  age,  sex  and 
quality,  except  Indians  not  paying  taxes,  in  each  colony,  a  true  ac- 
count of  which,  distinguishing  the  white  inhabitants,  shall  be  trien- 
nially  taken  and  transmitted  to  the  Assembly  of  the  United  States.' 

Mr.  Chase  moved  that  the  quotas  should  be  fixed,  not  by  the 
number  of  inhabitants  of  every  condition,  but  by  that  of  the  '  white 
inhabitants.'  He  admitted  that  taxation  should  be  always  in  pro- 
portion to  property,  that  this  was,  in  theory,  the  true  rule  ;  but  that, 
from  a  variety  of  difficulties,  it  was  a  rule  which  could  never  be 
adopted  in  practice.  The  value  of  the  property  in  every  state, 
could  never  be  estimated  justly  and  equally.  Some  other  measure 
for  the  wealth  of  the  state  must  therefore  be  devised,  some  stan- 
dard referred  to,  which  would  be  more  simple.  He  considered 
the  number  of  inhabitants  as  a  tolerably  good  criterion  of  property, 
and  that  this  might  always  be  obtained.  He  therefore  thought 
it  the  best  mode  which  we  could  adopt,  with  one  exception  only  : 
he  observed  that  negroes  are  property,  and  as  such,  cannot  be  dis- 
tinguished from  the  lands  or  personalities  held  in  those  states 
where  there  are  few  slaves ;  that  the  surplus  of  profit  which  a 
Northern  farmer  is  able  to  lay  by,  he  invests  in  cattle,  horses,  Sic, 
whereas  a  Southern  farmer  lays  out  the  same  surplus  in  slaves. 
There  is  no  more  reason  therefore  for  taxing  the  Southern  states  on 
the  farmer's  head,  and  on  his  slave's  head,  than  the  Northern  ones 
on  their  farmer's  heads  and  the  heads  of  their  cattle  :   that  the 

[i  The  above  note  of  the  author  is  on  a  slip  of  paper,  pasted  in  at  the  end 
of  the  Declaration,  Here  is  also  sewed  into  the  MS.  a  slip  of  newspaper 
containing,  under  the  head  '  Declaration  of  Independence,'  a  lettei  from 
Thomas  M'Kean  to  Messrs.  William  M'Corkle  &  Son,  dated  '  Philadelphia, 
June  16, 1817.'     This  letter  is  to  be  found  in  the  Port  Folio,  Sept.  1817,  p.  249.] 


23 

method  proposed  would,  therefore,  tax  the  Southern  states  accord- 
ing to  their  numbers  and  their  wealth  conjunctly,  while  the  NorUi- 
ern  would  be  taxed  on  numbers  only  :  that  negroes,  in  fact,  should 
not  be  considered  as  members  of  the  state,  more  than  cattle,  and 
that  they  have  no  more  interest  in  it. 

Mr.  John  Adams  observed,  that  the  numbers  of  people  were 
taken  by  this  article,  as  an  index  of  the  wealth  of  the  state,  and 
not  as  subjects  of  taxation ;  that,  as  to  this  matter,  it  was  of  no 
consequence  by  what  name  you  called  your  people,  whether  by 
that  of  freemen  or  of  slaves  ;  that  in  some  countries  the  laboring 
poor  were  called  freemen,  in  others  they  were  called  slaves  ;  but 
that  the  difference  as  to  the  state  was  imaginary  only.  What  mat- 
ters it  whether  a  landlord  employing  ten  lajjorers  on  his  farm, 
gives  them  annually  as  much  money  as  will  buy  them  the  neces- 
saries of  life,  or  gives  them  those  necessaries  at  short  hand  ?  The 
ten  labourers  add  as  much  wealth  annually  to  the  state,  increase  its 
exports  as  much,  in  the  one  case  as  the  other.  Certainly  five  hun- 
dred freemen  produce  no  more  profits,  no  greater  surplus  for  the 
payment  of  taxes,  than  five  hundred  slaves.  Therefore  the  state 
in  which  are  the  laborers  called  freemen,  should  be  taxed  no  more 
than  that  in  which  are  those  called  slaves.  Suppose,  by  an  ex- 
traordinary operation  of  nature  or  of  law,  one  half  the  laborers  of 
a  state  could  in  the  course  of  one  night  be  transformed  into  slaves  : 
would  the  state  be  made  the  poorer  or  the  less  able  to  pay  taxes  ? 
That  the  condition  of  the  laboring  poor  in  most  countries,  that  of 
the  fishermen  particularly  of  the  Northern  states,  is  as  abject  as 
that  of  slaves.  It  is  the  number  of  laborers  which  produces  the 
surplus  for  taxation,  and  numbers,  therefore,  indiscriminately,  are 
the  fair  index  of  wealth ;  that  it  is  the  use  of  the  word  '  property' 
here,  and  its  application  to  some  of  the  people  of  the  state,  which 
produces  the  fallacy.  How  does  the  Southern  farmer  procure 
slaves  ?  Either  by  importation  or  by  purchase  from  his  neighbor. 
If  he  imports  a  slave,  he  adds  one  to  the  number  of  laborers  in 
his  country,  and  proportionably  to  its  profits  and  abilities  to  pay 
taxes  ;  if  he  buys  from  his  neighbor,  it  is  only  a  transfer  of  a  la- 
borer from  one  farm  to  another,  which  does  not  change  the  annual 
produce  of  the  state,  and  therefore  should  not  change  its  tax  :  that 
if  a  Northern  farmer  works  ten  laborers  on  liis  farm,  he  can,  it  is 
true,  invest  the  surplus  of  ten  men's  labor  in  cattle  ;  but  so  may 
the  Southern  farmer,  working  ten  slaves  ;  that  a  state  of  one  hun- 
dred thousand  freemen  can  maintain  no  more  cattle,  tlian  one  of 
one  hundred  thousand  slaves.  Therefore,  they  have  no  more  of 
that  kind  of  property  ;  that  a  slave  may  indeed,  from  the  custom 
of  speech,  be  more  properly  called  the  wealth  of  his  master,  than 


24 

the  free  laborer  might  be  called  the  wealth  of  his  employer :  but 
as  to  the  state,  both  were  equally  its  wealth,  and  should  therefore 
equally  add  to  the  quota  of  its  tax. 

Mr.  Harrison  proposed,  as  a  compromise,  that  two  slaves  should 
be  counted  as  one  freeman.  He  affirmed  that  slaves  did  not  do 
as  much  work  as  freemen,  and  doubted  if  two  effected  more  than 
one  ;  that  tliis  was  proved  by  the  price  of  labor  ;  the  hire  of  a  la- 
borer in  the  Southern  colonies  being  from  8  to  £12,  while  in  the 
Northern  it  was  generally  £24. 

Mr.  Wilson  said,  that  if  this  amendment  should  take  place,  the 
Southern  colonies  would  have  all  the  benefit  of  slaves,  whilst  the 
Northern  ones  would  bear  the  burthen :  that  slaves  increase  the 
profits  of  a  state,  which  the  Southern  states  mean  to  take  to  them- 
selves ;  that  they  also  increase  the  burthen  of  defence,  which  would 
of  course  fall  so  much  tiie  heavier  on  the  Nortliern :  that  slaves  oc- 
cupy tlie  places  of  freemen  and  eat  their  food.  Dismiss  your  slaves, 
and  freemen  will  take  their  places.  It  is  our  duty  to  lay  every  dis- 
couragement on  the  importation  of  slaves ;  but  this  amendment 
would  give  the  jus  trium  liherorum  to  him  who  would  import 
slaves  :  that  other  kinds  of  property  were  pretty  equally  distributed 
through  all  the  colonies  :  there  were  as  many  cattle,  horses  and 
sheep,  in  the  North  as  the  South,  and  South  as  the  North  ;  but  not 
so  as  to  slaves  :  that  experience  has  shown  that  those  colonies  have 
been  always  able  to  pay  most,  which  have  the  most  inhabitants,  whe- 
ther they  be  black  or  white  :  and  the  practice  of  the  Southern  co- 
lonies has  always  been  to  make  every  farmer  pay  poll  taxes  upon 
all  his  laborers,  whether  they  be  black  or  white.  He  acknow- 
ledges indeed,  that  freemen  work  the  most ;  but  they  consume  the 
most  also.  They  do  not  produce  a  greater  surplus  for  taxation. 
The  slave  is  neither  fed  nor  clothed  so  expensively  as  a  freeman. 
Again,  white  women  are  exempted  from  labor  generally,  but  negro 
women  are  not.  In  this  then  the  Southern  states  have  an  advan- 
tage as  the  article  now  stands.  It  has  sometimes  been  said  that 
slavery  is  necessary,  because  the  commodities  they  raise  would  be 
too  dear  for  market  if  cultivated  by  freemen  :  but  now  it  is  said 
that  the  labor  of  the  slave  is  the  dearest. 

Mr.  Payne  urged  the  original  resolution  of  Congress,  to  propor- 
tion the  quotas  of  the  states  to  tlie  number  of  souls. 

Dr.  Witherspoon  was  of  opinion,  that  the  value  of  lands  and 
houses  was  the  best  estimate  of  the  wealth  of  a  nation,  and  that  it 
was  practicable  to  obtain  such  a  valuation.  This  is  the  true  baro- 
meter of  wealth.  The  one  now  proposed  is  imperfect  in  itself, 
and  unequal  between  the  states.  It  has  been  objected  that  negroes 
eat  the  food  of  freemen,  and  therefore  should  be  taxed ;  horses 


25 

also  eat  the  food  of  freemen ;  therefore  they  also  should  be  taxed. 
It  has  been  said  too,  that  in  carrying  slaves  into  the  estimate  of  the 
taxes  the  state  is  to  pay,  we  do  no  more  than  those  states  them- 
selves do,  who  always  take  slaves  into  the  estimate  of  the  taxes 
the  individual  is  to  pay.  But  the  cases  are  not  parallel.  In  the 
Southern  colonies  slaves  pervade  the  whole  colony ;  but  they  do 
not  pervade  the  whole  continent.  That  as  to  the  original  resolution 
of  Congress,  to  proportion  the  quotas  according  to  the  souls,  it  was 
temporary  only,  and  related  to  the  monies  heretofore  emitted  : 
whereas  we  are  now  entering  into  a  new  compact,  and  therefore 
stand  on  original  ground. 

August  1 .  The  question  being  put,  the  amendment  proposed 
was  rejected  by  the  votes  of  New  Hampshire,  Massachusetts, 
Rhode  Island,  Connecticut,  New  York,  New  Jersey,  and  Penn- 
sylvania, against  those  of  Delaware,  Maryland,  Virginia,  North  and 
South  Carolina.     Georgia  was  divided. 

The  other  article  was  in  these  words.  *  Art.  XVII.  In  deter- 
mining questions,  each  colony  shall  have  one  vote.' 

July  30,  31,  August  1.  Present  forty-one  members.  Mr. 
Chase  observed  that  this  article  was  the  most  likely  to  divide  us, 
of  any  one  proposed  in  the  draught  then  under  consideration  :  that 
the  lai'ger  colonies  had  threatened  they  would  not  confederate  at 
all,  if  their  weight  in  Congress  should  not  be  equal  to  the  numbers 
of  people  they  added  to  the  confederacy ;  while  the  smaller  ones 
declared  against  a  union,  if  they  did  not  retain  an  equal  vote  for  the 
protection  of  their  rights.  That  it  was  of  the  utmost  consequence 
to  bring  the  parties  together,  as  should  we  sever  from  each  other, 
either  no  foreign  power  will  ally  with  us  at  all,  or  the  different  states 
will  form  different  alliances,  and  thus  increase  the  horrors  of  those 
scenes  of  civil  war  and  bloodshed,  which  in  such  a  state  of  sepa- 
ration and  independence,  would  render  us  a  miserable  people. 
That  our  importance,  our  interests,  our  peace  required  that  we 
should  confederate,  and  that  mutual  sacrifices  should  be  made  to 
effect  a  compromise  of  this  difficult  question.  He  was  of  opinion, 
the  smaller  colonies  would  lose  their  rights,  if  they  were  not  in  some 
instances  allowed  an  equal  vote ;  and,  therefore,  that  a  discrimina- 
tiorf  should  take  place  among  the  questions  which  would  come  be- 
fore Congress.  That  the  smaller  states  should  be  secured  in  all 
questions  concerning  life  or  liberty,  and  the  greater  ones,  in  all  re- 
specting property.  He  therefore  proposed,  that  in  votes  relating 
to  money,  the  voice  of  each  colony  should  be  proportioned  to  the 
number  of  its  inhabitants. 

Dr.  Franklin  thought,  that  the  votes  should  be  so  proportioned 
in  all  cases.  He  took  notice  that  the  Delaware  counties  had  bound 
VOL.    !.  4 


26 

up  their  delegates  to  disagree  to  this  article.  He  thought  it  a  very 
extraordinary  language  to  be  held  by  any  state,  that  they  would 
not  confederate  with  us,  unless  we  would  let  them  dispose  of  our 
money.  Certainly,  if  we  vote  equally,  we  ought  to  pay  equally  ; 
but  the  smaller  states  will  hardly  purchase  the  privilege  at  this 
price.  That  had  he  lived  in  a  state  where  the  representation,  origi- 
nally equal,  had  become  unequal  by  time  and  accident,  he  might 
have  submitted  rather  than  disturb  government :  but  that  we  should 
be  very  wrong  to  set  out  in  this  practice,  when  it  is  in  our  power  to 
establish  what  is  right.  That  at  the  time  of  the  Union  between 
England  and  Scotland,  the  latter  had  made  the  objection  which  the 
smaller  states  now  do ;  but  experience  had  proved  that  no  unfair- 
ness had  ever  been  shewn  them  :  that  their  advocates  had  prognos- 
ticated that  it  would  again  happen,  as  in  times  of  old,  that  the 
whale  would  swallow  Jonas,  but  he  thought  the  prediction  reversed 
in  event,  and  that  Jonas  had  swallowed  the  whale  ;  for  the  Scotch 
had  in  fact  got  possession  of  the  government,  and  gave  laws  to  tlie 
English.  He  reprobated  the  original  agreement  of  Congress  to 
vote  by  colonies,  and,  therefore,  was  for  their  voting,  in  all  cases, 
according  to  the  number  of  taxables. 

Dr.  Witherspoon  opposed  every  alteration  of  the  article.  All 
men  admit  that  a  confederacy  is  necessary.  Should  the  idea  get 
abroad  that  there  is  likely  to  be  no  union  among  us,  it  will  damp 
the  minds  of  the  people,  diminish  the  glory  of  our  struggle,  and 
lessen  its  importance  ;  because  it  will  open  to  our  view  future  pros- 
pects of  war  and  dissension  among  ourselves.  If  an  equal  vote  be 
refused,  the  smaller  states  will  become  vassals  to  the  larger ;  and 
all  experience  has  shewn  that  the  vassals  and  subjects  of  free 
states  are  the  most  enslaved.  He  instanced  the  Helots  of  Sparta, 
and  the  provinces  of  Rome.  He  observed  that  foreign  powers, 
discovering  this  blemish,  would  make  it  a  handle  for  disengaging 
the  smaller  states  from  so  unequal  a  confederacy.  That  the  colonies 
should  in  fact  be  considered  as  individuals ;  and  that,  as  such,  in 
all  disputes,  they  should  have  an  equal  vote ;  that  they  are  nov/ 
collected  as  individuals  making  a  bargain  with  each  other,  and,  of 
course,  had  a  right  to  vote  as  individuals.  That  in  the  East  India 
Company  they  voted  by  persons,  and  not  by  their  proportion  of 
stock.  That  the  Belgic  confederacy  voted  by  provinces.  That  in 
questions  of  war  the  smaller  states  were  as  much  interested  as  the 
larger,  and  therefore,  should  vote  equally ;  and  indeed,  that  the 
larger  states  were  more  likely  to  bring  war  on  the  confederacy, 
in  proportion  as  their  frontier  was  more  extensive.  He  admitted 
that  equality  of  representation  was  an  excellent  principle,  but  then 
it  must  be  of  things  which  are  co-ordinate  ;  that  is,  of  things  simi- 


27 

lar,  and  of  the  same  nature  :  that  nothing  relating  to  individuals 
could  ever  come  before  Congress ;  nothing  but  what  would  re- 
spect colonies.  He  distinguished  between  an  incorporating  and  a 
federal  union.  The  union  of  England  was  an  incorporating  one ; 
yet  Scotland  had  suffered  by  diat  union ;  for  that  its  inhabitants 
were  drawn  from  it  by  the  hopes  of  places  and  employments  :  nor 
was  it  an  instance  of  equality  of  representation ;  because,  while 
Scodand  was  allowed  nearly  a  thirteenth  of  representation,  they 
were  to  pay  only  one  fortieth  of  the  land  tax.  He  expressed  his 
hopes,  that  in  the  present  enlightened  state  of  men's  minds,  we 
might  expect  a  lasting  confederacy,  if  it  was  founded  on  fair  prin- 
ciples. 

John  Adams  advocated  the  voting  in  proportion  to  numbers. 
He  said  that  we  stand  here  as  the  representatives  of  the  people  : 
that  in  some  states  the  people  are,  many,  in  others  diey  are  few ; 
that  therefore,  their  vote  here  should  be  proportioned  to  the  num- 
bers from  whom  it  comes.  Reason,  justice  and  equity  never  had 
weight  enough  on  tlie  face  of  the  earth,  to  govern  the  councils  of 
men.  It  is  interest  alone  which  does  it,  and  it  is  interest  alone 
which  can  be  trusted  :  that  therefore  the  interests,  within  doors, 
should  be  the  mathematical  representatives  of  the  interests  without 
doors  :  that  the  individuality  of  the  colonies  is  a  mere  sound.  Does 
the  individuality  of  a  colony  increase  its  wealth  or  numbers  ?  If  it 
does,  pay  equally.  If  it  (Joes  not  add  weight  in  the  scale  of  the 
confederacy,  it  cannot  add  to  their  rights,  nor  weigh  in  argument. 
A.  has  £50,  B.  £500,  C.  £1000,  in  partnership.  Is  it  just  diey 
should  equally  dispose  of  the  monies  of  the  partnership  ?  It  has 
been  said,  we  are  independent  individuals  making  a  bargain  To- 
gether. The  question  is  not  what  we  are  now,  but  what  we  ought 
to  be  when  our  bargain  shall  be  made.  .  The  confederacy  is  to 
make  us  one  individual  only  ;  it  is  to  form  us  like  separate  parcels 
of  metal,  into  one  common  mass.  We  shall  no  longer  retain  our 
separate  individuality,  but  become  a  single  individual  as  to  all 
questions  submkted  to  the  confederacy.  Therefore  all  those  rea- 
sons which  pro%  the  justice  and  expediency  of  equal  representa- 
tion in  other  assemblies,  hold  good  here.  It  has  been  objected 
that  a  proportional  vote  will  endanger  the  smaller  states.  We  an- 
swer that  an  equal  vote  will  endanger  the  larger.  Virginia,  Penn- 
sylvania, and  Massachusetts,  are  the  three  greater  colonies.  Con- 
sider their  distance,  their  difference  of  produce,  of  interests,  and  of 
manners,  and  it  is  apparent  they  can  never  have  an  interest  or  in- 
clination to  combine  for  the  oppression  of  the  smaller :  that  the 
smaller  will  naturally  divide  on  all  questions  with  the  larger.  Rhode 
Island,  from  its  relation,  similarity  and  intercourse,  will  generally 


28 

pursue  the  same  objects  with  Massachusetts;  Jersey,  Delaware, 
and  Maryland,  with  Pennsylvania. 

Dr.  Rush  took  notice,  that  the  decay  of  the  liberties  of  the 
Dutch  republic  proceeded  from  three  causes.  1 .  The  perfect  una- 
nimity requisite  on  all  occasions.  2.  Their  obligation  to  consult 
their  constituents.  3.  Their  voting  by  provinces.  This  last  de- 
stroyed tlie  equality  of  representation,  and  the  liberties  of  Great 
Britain  also,  are  sinking  from  the  same  defect.  That  a  part  of 
our  rights  is  deposited  in  the  hands  of  our  legislatures.  There,  it 
was  admitted,  there  should  be  an  equality  of  representation.  An- 
other part  of  our  rights  is  deposited  in  the  hands  of  Congress : 
why  is  it  not  equally  necessary  there  should  be  an  equal  representa- 
tion there  ?  Were  it  possible  to  collect  the  whole  body  of  the  people 
together,  they  would  determine  the  questions  submitted  to  them  by 
their  majority.  Why  should  not  the  same  majority  decide  when 
voting  here,  by  their  representatives  ?  The  larger  colonies  are  so 
providentially  divided  in  situation,  as  to  render  every  fear  of  their 
combining  visionary.  Their  interests  are  different,  and  their  cir- 
cumstances dissimilar.  It  is  more  probable  they  will  become  ri- 
vals, and  leave  it  in  the  power  of  the  smaller  states  to  give  prepon- 
derance to  any  scale  they  please.  The  voting  by  the  number  of 
free  inhabitants,  will  have  one  excellent  effect,  tliat  of  inducing  the 
colonies  to  discourage  slavery,  and  to  encourage  the  increase  of 
their  free  inhabitants. 

Mr.  Hopkins  observed,  there  were  four  larger,  four  smaller,  and 
four  middle  sized  colonies.  That  the  four  largest  would  contain 
more  than  half  the  inhabitants  of  the  confederating  states,  and 
therefore  would  govern  the  others  as  they  should  please.  That  his- 
tory affords  no  instance  of  such  a  thing  as  equal  representation. 
The  Germanic  body  votes  by  states.  The  Helvetic  body  does 
the  same ;  and  so  does  the  Belgic  confederacy.  That  too  little  is 
known  of  the  antient  confederations,  to  say  what  was  their  practice. 

Mr.  Wilson  thought,  that  taxation  should  be  in  proportion  to 
wealth,  but  that  representation  should  accord  \^h  the  number 
of  freemen.  That  government  is  a  collection  or  r^lt  of  the  wills 
of  all :  that  if  any  government  could  speak  the  will  of  all,  it  would 
be  perfect ;  and  that,  so  far  as  it  departs  from  this,  it  becomes  im- 
perfect. It  has  been  said  that  Congress  is  a  representation  of 
states,  not  of  individuals.  I  say,  that  the  objects  of  its  care  are  all 
the  individuals  of  the  states.  It  is  strange  that  annexing  the  name 
of  *  State'  to  ten  thousand  men,  should  give  them  an  equal  right 
with  forty  thousand.  This  must  be  the  effect  of  magic,  not  of  rea- 
son. As  to  those  matters  which  are  referred  to  Congress,  we  are 
not  so  many  states ;  we  are  one  large  state.     We  lay  aside  our  in- 


29 

dividualily,  whenever  we  come  here.  The  Germanic  body  is  a 
burlesque  on  government :  and  their  practice,  on  any  point,  is  a 
sufficient  authority  and  proof  that  it  is  wrong.  The  greatest  im- 
perfection in  the  constitution  of  the  Belgic  confederacy,  is  their 
voting  by  provinces.  The  interest  of  the  whole  is  constantly  sac- 
rificed to  that  of  the  small  states.  The  history  of  the  war  in  the 
reign  of  Queen  Anne,  sufficiently  proves  this.  It  is  asked,  shall 
nine  colonies  put  it  into  the  power  of  four,  to  govern  them  as  they 
please  ?  I  invert  the  question,  and  ask,  shall  two  millions  of  people 
put  it  in  the  power  of  one  million,  to  govern  them  as  they  please  ? 
It  is  pretended,  too,  that  the  smaller  colonies  will  be  in  danger 
from  the  greater.  Speak  in  honest  language  and  say,  the  minority 
will  be  in  danger  from  the  majority.  And  is  there  an  assembly  on 
eaith,  where  this  danger  may  not  be  equally  pretended  ?  The  trutli 
is,  tliat  our  proceedings  will  then  be  consentaneous  with  the  in- 
terests of  the  majority,  and  so  they  ought  to  be.  The  probability 
is  much  greater,  that  the  larger  states  will  disagree,  than  that  they 
will  combine.  I  defy  the  wit  of  man  to  invent  a  possible  case,  or 
to  suggest  any  one  thing  on  earth,  which  shall  be  for  the  interests 
of  Virginia,  Pennsylvania  and  Massachusetts,  and  which  will  not 
also  be  for  the  interest  of  the  other  states.^ 

These  articles,  reported  July  12,  '76,  were  debated  from  day 
to  day,  and  time  to  time,  for  two  years,  were  ratified  July  9,  '78, 
by  ten  slates,  by  New-Jersey  on  the  26th  of  November  of  the  same 
year,  and  by  Delaware  on  the  23rd  of  February  following.  Mary- 
land alone  held  off  two  years  more,  acceding  to  them  March  1, 
'81,  and  thus  closing  the  obligation. 

Our  delegation  had  been  renewed  for  the  ensuing  year,  com- 
mencing August  11  ;  but  the  new  government  was  now  organized, 
a  meeting  of  the  legislature  was  to  be  held  in  October,  and  I  had 
been  elected  a  member  by  my  county.  I  knew  that  our  legisla- 
tion, under  the  regal  government,  had  many  very  vicious  points 
which  urgently  required  reformation,  and  I  thought  I  could  be  of 
more  use  in  forwarding  that  work.  I  therefore  retired  from  my 
seat  in  Congress  on  the  2nd  of  September,  resigned  it,  and  took 
my  place  in  the  legislature  of  my  state,  on  the  7th  of  October. 

On  the  11th,  I  moved  for  leave  to  bring  in  a  bill  for  the  establish- 
ment of  courts  of  justice,  the  organization  of  which  was  of  impor- 
tance. I  drew  the  bill ;  it  was  approved  by  the  committee,  re- 
ported and  passed,  after  going  through  its  due  course. 

On  tlie  12th,  I  obtained  leave  to  bring  in  a  bill  declaring  te- 

*  Here  terminate  the  author's  notes  of  the  '  earlier  debates  on  tlje  confede- 
ration,' and  recommences  the  MS,  begun  by  him  in  1821. 


30 

nants  in  tail  to  hold  their  lands  in  fee  simple.  In  the  earlier  times 
of  the  colony,  when  lands  were  to  be  obtained  for  little  or  nothing, 
some  provident  individuals  procured  large  grants ;  and,  desirous  of 
founding  great  families  for  themselves,  settled  them  on  their  de- 
scendants in  fee  tail.  The  transmission  of  this  property  from  ge- 
neration to  generation,  in  the  same  name,  raised  up  a  distinct  set 
of  families,  who,  being  privileged  by  law  in  the  perpetuation  of 
their  wealth,  were  thus  formed  into  a  Patrician  order,  distinguish- 
ed by  the  splendor  and  luxury  of  their  establishments.  From  this 
order,  too,  the  king  habitually  selected  his  Counsellors  of  state  ; 
the  hope  of  which  distinction  devoted  the  whole  corps  to  the  inte- 
rests and  will  of  the  crown.  To  annul  this  privilege,  and  instead 
of  an  aristocracy  of  wealth,  of  more  harm  and  danger,  than  benefit, 
to  society,  to  make  an  opening  for  the  aristocracy  of  virtue  and 
talent,  which  nature  has  wisely  provided  for  the  direction  of  the 
interests  of  society,  and  scattered  with  equal  hand  through  all  its 
conditions,  was  deemed  essential  to  a  well  ordered  republic.  To 
effect  it,  no  violence  was  necessary,  no  deprivation  of  natural  right, 
but  rather  an  enlargement  of  it  by  a  repeal  of  the  law.  For  this 
would  authorize  the  present  holder  to  divide  the  property  among 
his  children  equally,  as  his  afiections  were  divided ;  and  would 
place  them,  by  natural  generation,  on  the  level  of  their  fellow  citi- 
zens. But  this  repeal  was  strongly  opposed  by  Mr.  Pendleton, 
who  was  zealously  attached  to  antient  estabhshments  ;  and  who, 
taken  all  in  all,  was  the  ablest  man  in  debate  I  have  ever  met  with. 
He  had  not  indeed  the  poetical  fancy  of  Mr.  Henry,  his  sublime 
imagination,  his  lofty  and  overwhelming  diction ;  but  he  was  cool, 
smooth  and  persuasive ;  his  language  flowing,  chaste  and  embel- 
lished ;  his  conceptions  quick,  acute  and  full  of  resource ;  never 
vanquished ;  for  if  he  lost  the  main  battle,  he  returned  upon  you, 
and  regained  so  much  of  it  as  to  make  it  a  drawn  one,  by  dexter- 
ous maneuvres,  skirmishes  in  detail,  and  the  recovery  of  small 
advantages  which,  little  singly,  were  important  all  together.  You 
never  knew  when  you  were  clear  of  him,  but  were  harrassed  by 
his  perseverance,  until  the  patience  was  worn  down  of  all  who  had 
less  of  it  than  himself.  Add  to  this,  that  he  was  one  of  the  most 
virtuous  and  benevolent  of  men,  the  kindest  friend,  the  most  ami- 
able and  pleasant  of  companions,  which  ensured  a  favorable  re- 
ception to  whatever  came  from  him.  Finding  that  the  general 
principle  of  entails  could  not  be  maintained,  he  took  his  stand  on 
an  amendment  which  he  proposed,  instead  of  an  absolute  abolition, 
to  permit  the  tenant  in  tail  to  convey  in  fee  simple,  if  he  chose  it : 
and  he  was  within  a  few  votes  of  saving  so  much  of  the  old  law. 
But  the  bill  passed  finally  for  etkpre  abolition. 


31 

In  that  one  of  the  bills  for  organizing  our  judiciary  system,  which 
proposed  a  court  of  Chancery,  I  had  provided  for  a  trial  by  jury  of 
all  matters  of  fact,  in  that  as  well  as  in  the  courts  of  law.  He  de- 
feated it  by  the  introduction  of  four  words  only,  '  if  either  party 
choose.^  The  consequence  has  been,  that  as  no  suitor  will  say  to 
his  judge  '  Sir,  I  distrust  you,  give  me  a  jury,'  juries  are  rarely,  I 
might  say  perhaps  never,  seen  in  that  court,  but  when  called  for 
by  the  Chancellor  of  his  own  accord. 

The  first  establishment  in  Virginia  which  became  permanent, 
was  made  in  1607.  I  have  found  no  mention  of  negroes  in  the 
colony  until  about  1650.  The  first  brought  here  as  slaves  were 
by  a  Dutch  ship  ;  after  which  the  English  commenced  the  trade, 
and  continued  it  until  the  revolutionary  war.  That  suspended, 
ipso  facto,  their  further  importation  for  the  present,  and  the  busi- 
ness of  tlie  war  pressing  constantly  on  the  legislature,  this  subject 
was  not  acted  on  finally  until  the  year  '78,  when  I  brought  in  a  bill 
to  prevent  their  further  importation.  This  passed  without  oppo- 
sition, and  stopped  the  increase  of  the  evil  by  importation,  leaving 
to  future  efforts  its  final  eradication. 

The  first  settlers  of  this  colony  were  Englishmen,  loyal  subjects 
to  their  king  and  church,  and  the  grant  to  Sir  Walter  Raleigh  con- 
tained an  express  proviso  that  their  laws  '  should  not  be  against  the 
true  Christian  faith,  now  professed  in  the  church  of  England.'  As 
soon  as  the  state  of  the  colony  admitted,  it  was  divided  into  pa- 
rishes, in  each  of  which  was  established  a  minister  of  the  Anglican 
church,  endowed  with  a  fixed  salary,  in  tobacco,  a  glebe  house  and 
land  with  the  odier  necessary  appendages.  To  meet  these  expen- 
ses, all  the  inhabitants  of  the  parishes  were  assessed,  whether  they 
were  or  not,  members  of  the  established  church.  Towards  Qua- 
kers who  came  here,  they  were  most  cruelly  intolerant,  driving 
them  from  the  colony  by  the  severest  penalties.  In  process  of 
time,  however,  other  sectarisms  were  introduced,  chiefly  of  the 
Presbyterian  family ;  and  the  estabhshed  clergy,  secure  for  life  in 
their  glebes  and  salaries,  adding  to  diese,  generally,  the  emoluments 
of  a  classical  school,  found  employment  enough,  in  their  farms  and 
school  rooms,  for  the  rest  of  the  week,  and  devoted  Sunday  only 
to  the  edification  of  their  flock,  by  service,  and  a  sermon  at  their 
parish  church.  Their  other  pastoral  functions  were  little  attended 
to.  Against  this  inactivity,  the  zeal  and  industry  of  sectarian 
preachers  had  an  open  and  undisputed  field ;  and  by  the  time  of 
the  revolution,  a  majority  of  the  inhabitalits  had  become  dissenters 
from  the  established  church,  but  were  still  obliged  to  pay  contribu- 
tions to  support  die  pastors  of  the  minority.  This  unrighteous 
compulsion,  to  maintain  teachers  ofwtiat  they  deemed  religious  er- 


32 

rors,  was  greviously  felt  during  the  regal  government,  and  without 
a  hope  of  relief.  But  the  first  republican  legislature,  which  met  in 
'76,  was  crowded  with  petitions  to  abolish  this  spiritual  tyranny. 
These  brought  on  die  severest  contests  in  which  I  have  ever  been 
engaged.  Our  great  opponents  were  Mr.  Pendleton  and  Robert 
Carter  Nicholas ;  honest  men,  but  zealous  churchmen.  The  pe- 
titions were  referred  to  the  committee  of  the  whole  house  on  the 
state  of  the  country ;  and,  after  desperate  contests  in  that  com- 
mittee, almost  daily  from  the  11th  of  October  to  the  5th  of  De- 
cember, we  prevailed  so  far  only,  as  to  repeal  the  laws  which  ren- 
dered criminal  the  maintenance  of  any  religious  opinions,  the  for- 
bearance of  repairing  to  church,  or  the  exercise  of  any  mode  of 
worship :  and  furtlier,  to  exempt  dissenters  from  contributions  to 
the  support  of  the  established  church  ;  and  to  suspend,  only  until 
the  next  session,  levies  on  the  members  of  that  church  for  the  sa- 
laries of  their  own  incumbents.  For  although  the  majority  of  our 
citizens  were  dissenters,  as  has  been  observed,  a  majority  of  the  le- 
gislature were  churchmen.  Among  these,  however,  were  some 
reasonable  and  liberal  men,  who  enabled  us,  on  some  points,  to  ob- 
tain feeble  majorities.  But  our  opponents  carried,  in  the  general 
resolutions  of  the  committee  of  November  19,  a  declaration  that  re- 
ligious assemblies  ought  to  be  regulated,  and  that  provision  ought 
to  be  made  for  continuing  the  succession  of  the  clergy,  and  super- 
intending their  conduct.  And,  in  the  bill  now  passed,  was  inserted 
an  express  reservation  of  the  question,  Whether  a  general  assess- 
ment should  not  be  established  by  law,  on  every  one,  to  the  support 
of  the  pastor  of  his  choice  ;  or  whether  all  should  be  left  to  volun- 
tary contributions :  and  on  this  question,  debated  at  every  session 
from  '76  to  '79,  (some  of  our  dissenting  allies,  having  now  secured 
their  particular  object,  going  over  to  the  advocates  of  a  general  as- 
sessment,) we  could  only  obtain  a  suspension  from  session  to  ses- 
sion until  '79,  when  the  question  against  a  general  assessment  was 
finally  carried,  and  the  establishment  of  the  Anglican  church  entirely 
put  down.  In  justice  to  the  two  honest  but  zealous  opponents,  who 
have  been  named,  I  must  add  that  although,  from  their  natural 
temperaments,  they  were  more  disposed  generally  to  acquiesce  in 
things  as  they  are,  than  to  risk  innovations,  yet  whenever  the  public 
will  had  once  decided,  none  were  more  faithful  or  exact  in  their 
obedience  to  it. 

The  seat  of  our  government  had  been  originally  fixed  in  the  pe- 
ninsula of  Jamestown,  the  first  settlement  of  the  colonists  ;  and  had 
been  afterwards  removed  a  few  miles  inland  to  Williamsburg.  But 
this  was  at  a  time  when  our  settlements  had  not  extended  beyond 
the  tide  waters.  *   Now  they  had  crossed  the  Alleganey  ;  and  the 


33      S.  e.    • 

centre  of  population  was  very  far  removed  from  what  it  had  been. 
Yet  Williamsburg  was  still  the  depository  of  our  archives,  the  ha- 
bitual residence  of  the  Governor  and  many  otlier  of  the  public  func- 
tionaries, the  established  place  for  the  sessions  of  the  legislature,  and 
the  magazine  of  our  military  stores  :  and  its  situation  was  so  ex- 
posed that  it  might  be  taken  at  any  time  in  war,  and,  at  this  time 
particularly,  an  enemy  might  in  the  night  run  up  either  of  the  rivers, 
between  which  it  lies,  land  a  force  above,  and  take  possession  of 
the  place,  without  the  possibility  of  saving  either  persons  or  things. 
I  had  proposed*  its  removal  so  early  as  October  '76  ;  but  it  did  not 
prevail  until  the  session  of  May,  '79. 

Early  in  the  session  of  May,  '79, 1  prepared,  and  obtained  leave 
to  bring  in  a  bill,  declaring  who  should  be  deemed  citizens,  assert- 
ing the  natural  right  of  expatriation,  and  prescribing  the  mode  of 
exercising  it.  This,  when  I  withdrew  from  the  house  on  the  1st  of 
June  following,  I  left  in  the  hands  of  George  Mason,  and  it  was 
passed  on  the  26th  of  that  month. 

In  giving  this  account  of  the  laws  of  which  1  was  myself  the 
mover  and  draughtsman,  I,  by  no  means,  mean  to  claim  to  myself 
the  merit  of  obtaining  their  passage.  I  had  many  occasional  and 
strenuous  coadjutors  in  debate,  and  one,  most  steadfast,  able  and 
zealous  ;  who  was  himself  a  host.  This  was  George  Mason,  a 
man  of  the  first  order  of  wisdom  among  those  who  acted  on  the 
theatre  of  the  revolution,  of  expansive  mind,  profound  judgment, 
cogent  in  argument,  learned  in  die  lore  of  our  former  constitution, 
and  earnest  for  the  republican  change  on  democratic  principles. 
His  elocution  was  neither  flowing  nor  smooth ;  but  his  language 
was  strong,  his  manner  most  impressive,  and  strengthened  by  a 
dash  of  biting  cynicism,  when  provocation  made  it  seasonable. 

Mr.  Wythe,  while  speaker  in  the  two  sessions  of  1777,  between 
his  return  from  Congress  and  his  appointment  to  the  Chancery,  was 
an  able  and  constant  associate  in  whatever  was  before  a  committee 
of  the  whole.  His  pure  integrity,  judgment  and  reasoning  powers, 
gave  him  great  weight.  Of  him,  see  more  in  some  notes  inclosed 
in  my  letter  of  August  31,  1821,  to  Mr.  John  Saunderson.* 

Mr.  Madison  came  into  the  House  in  1776,  a  new  member  and 
young  ;  which  circumstances,  concurring  with  his  extreme  modesty, 
prevented  his  venturing  himself  in  debate  before  his  removal  to  the 
Council  of  State,  in  November  '77.  From  thence  he  went  to  Con- 
gress, then  consisting  of  few  members.  Trained  in  these  succes- 
sive schools,  he  acquired  a  habit  of  self-possession,  which  placed 
at  ready  command  the  rich  resources  of  his  luminous  and  discrimi- 

[*  See  Appendix,  note  A.] 
VOL.  I.  5 


34 

nating  mind,  and  of  his  extensive  information,  and  rendered  him 
the  first  of  every  assembly  afterwards,  of  which  he  became  a  mem- 
ber. Never  wandering  from  his  subject  into  vain  declamation,  but 
pursuing  it  closely,  in  language  pure,  classical  and  copious,  sooth- 
ing always  the  feelings  of  his  adversaries  by  civilities  and  softness 
of  expression,  he  rose  to  the  eminent  station  which  he  held  in  the 
great  National  Convention  of  1787 ;  and  in  that  of  Virginia  which 
followed,  he  sustained  the  new  constitution  in  all  its  parts,  bearing 
off  the  palm  against  die  logic  of  George  Mason,  and  the  fervid  de- 
clamadon  of  Mr.  Henry.  With  these  consummate  powers,  were 
united  a  pure  and  spotless  virtue,  which  no  calumny  has  ever  at- 
tempted to  sully.  Of  the  powers  and  polish  of  his  pen,  and  of  the 
wisdom  of  his  administration  in  the  highest  office  of  the  nation,  I 
need  say  nothing.  They  have  spoken,  and  will  forever  speak  for 
themselves. 

So  far  we  were  proceeding  in  the  details  of  reformadon  only ; 
selecting  points  of  legisladon,  prominent  in  character  and  principle, 
urgent,  and  indicative  of  the  strength  of  the  general  pulse  of  refor- 
mation. When  I  left  Congress  in  '76,  it  was  in  the  persuasion  that 
our  whole  code  must  be  reviewed,  adapted  to  our  republican  form 
of  government,  and,  now  that  we  had  no  negadves  of  Councils, 
Governors  and  Kings  to  restrain  us  from  doing  right,  that  it  should 
be  corrected,  in  all  its  parts,  with  a  single  eye  to  reason,  and  the 
good  of  those  for  whose  government  it  was  framed.  Early,  there- 
fore, in  the  session  of  '76,  to  which  I  returned,  I  moved  and  pre- 
sented a  bill  for  the  revision  of  the  laws  ;  which  was  passed  on 
the  24th  of  October,  and  on  the  5th  of  November,  Mr.  Pendleton, 
Mr.  Wythe,  George  Mason,  Thomas  L.  Lee  and  myself,  were  ap- 
pointed a  committee  to  execute  the  work.  We  agreed  to  meet 
at  Fredericksburg  to  setde  the  plan  of  operadon,  and  to  distribute 
the  work.  We  met  there  accordingly,  on  the  13th  of  January, 
1777.  The  first  question  was,  whether  we  should  propose  to  abo- 
lish the  whole  existing  system  of  laws,  and  prepare  a  new  and 
complete  Institute,  or  preserve  the  general  system,  and  only  modify 
it  to  the  present  state  of  things.  Mr.  Pendleton,  contrary  to  his 
usual  disposition  in  favor  of  antient  things,  was  for  the  former 
proposition,  in  which  he  was  joined  by  Mr.  Lee.  To  this  it  was 
objected,  that  to  abrogate  our  whole  system  would  be  a  bold  mea- 
sure, and  probably  far  beyond  the  views  of  the  legislature ;  that 
they  had  been  in  the  practice  of  revising,  from  time  to  time,  the 
laws  of  the  colony,  omitting  the  expired,  die  repealed  and  the  ob- 
solete, amending  only  those  retained,  and  probably  meant,  we 
should  now  do  the  same,  only  including  the  British  statutes  as  well 
as  our  own  :  that  to  compose  a  new  Institute,  like  those  of  Jus- 


35 

linian  and  Bracton,  or  that  of  Blackstone,  which  was  the  model  pro- 
posed by  Mr.  Pendleton,  would  be  an  arduous  undertaking,  of  vast 
research,  of  great  consideration  and  judgment ;  and  when  reduced 
to  a  text,  every  word  of  that  text,  from  the  imperfection  of  human 
language,  and  its  incompetence  to  express  distinctly  every  shade 
of  idea,  would  become  a  subject  of  question  and  chicanery,  until 
settled  by  repeated  adjudications ;  that  this  would  involve  us  for 
ages  in  litigation,  and  render  property  uncertain,  until,  like  the  sta- 
tutes of  old,  every  word  had  been  tried  and  settled  by  numerous 
decisions,  and  by  new  volumes  of  reports  and  commentaries  ;  and 
that  no  one  of  us,  probably,  would  undertake  such  a  work,  which 
to  be  systematical,  must  be  the  work  of  one  hand.  This  last  was 
the  opinion  of  Mr.  Wytlie,  Mr.  Mason  and  myself.  When  we  pro- 
ceeded to  the  distribution  of  the  work,  Mr.  Mason  excused  himself, 
as,  being  no  lawyer,  he  felt  himself  unqualified  for  the  work,  and 
he  resigned  soon  after.  Mr.  Lee  excused  himself  on  the  same 
ground,  and  died  indeed  in  a  short  time.  The  other  two  gentlemen, 
therefore,  and  myself  divided  the  work  among  us.  The  common 
law  and  statutes  to  the  4.  James  1.  (when  our  separate  legislature 
was  established)  were  assigned  to  me ;  the  British  statutes,  from  that 
period  to  the  present  day,  to  Mr.  Wythe  ;  and  the  Virginia  laws  to 
Mr.  Pendleton.  As  the  law  of  Descents,  and  the  Criminal  law 
fell  of  course  within  my  portion,  I  wished  the  committee  to  settle 
the  leading  principles  of  these,  as  a  guide  for  me  in  framing  them  ; 
and,  with  respect  to  the  first,  I  proposed  to  abolish  the  law  of  pri- 
mogeniture, and  to  make  real  estate  descendible  in  parcenary  to 
the  next  of  kin,  as  personal  property  is,  by  the  statute  of  distribu- 
tion. Mr.  Pendleton  wished  to  preserve  the  right  of  primogeni- 
ture, but  seeing  at  once  that  that  could  not  prevail,  he  proposed  we 
should  adopt  the  Hebrew  principle,  and  give  a  double  portion  to 
the  elder  son.  I  observed,  that  if  the  elder  son  could  eat  twice  as 
much,  or  do  double  work,  it  might  be  a  natural  evidence  of  his  right 
to  a  double  portion  ;  but  being  on  a  par  in  his  powers  and  wants, 
with  his  brothers  and  sisters,  he  should  be  on  a  par  also  in  the  par- 
tition of  the  patrimony  ;  and  such  was  the  decision  of  the  other 
members. 

On  the  subject  of  tlie  Criminal  law,  all  were  agreed,  that  the 
punishment  of  deatli  should  be  abolished,  except  for  treason  and 
murder ;  and  that,  for  other  felonies,  should  be  substituted  hard 
labor  in  the  public  works,  and  in  some  cases,  the  Lex  talionis. 
How  this  last  revolting  principle  came  to  obtain  our  approbation,  I 
do  not  remember.  There  remained,  indeed,  in  our  laws,  a  vestige 
of  it  in  a  single  case  of  a  slave ;  it  was  the  English  law,  in  the  time 
of  the  Anglo-Saxons,  copied  probably  from  the  Hebrew  law  of'  an 


36 

eye  for  an  eye,  a  tooth  for  a  tooth,'  and  it  was  tlie  law  of  several 
antient  people ;  but  the  modern  mind  had  left  it  far  in  the  rear  of 
its  advances.  These  points,  however,  being  settled,  we  Repaired 
to  our  respective  homes  for  the  preparation  of  the  work. 

In  the  execution  of  my  part,  I  thought  it  material  not  to  vary 
the  diction  of  the  antient  statutes  by  modernizing  it,  nor  to  give 
rise  to  new  questions  by  new  expressions.  The  text  of  these 
statutes  had  been  so  fully  explained  and  defined,  by  numerous  ad- 
judications, as  scarcely  ever  now  to  produce  a  question  in  our 
courts.  I  thought  it  would  be  useful,  also,  in  all  new  draughts,  to 
reform  the  style  of  the  later  British  statutes,  and  of  our  own  acts 
of  Assembly ;  which,  from  their  verbosity,  their  endless  tautologies, 
their  involutions  of  case  within  case,  and  parenthesis  within  pa- 
renthesis, and  their  multiplied  efforts  at  certainty,  by  saids  and 
aforesaids,  by  ors  and  by  ands,  to  make  them  more  plain,  are  really 
rendered  more  perplexed  and  incomprehensible,  not  only  to 
common  readers,  but  to  the  lawyers  themselves.  We  were  em- 
ployed in  this  work  from  that  time  to  February,  1779,  when  we 
met  at  Williamsburg,  diat  is  to  say  Mr.  Pendleton,  Mr.  Wythe  and 
myself;  and  meeting  day  by  day,  we  examined  critically  our  seve- 
ral parts,  sentence  by  sentence,  scrutinizing  and  amending,  until  we 
bad  agreed  on  the  whole.  We  then  returned  home,  had  fair 
copies  made  of  our  several  parts,  which  were  reported  to  the 
General  Assembly,  June  18,  1779,  l3y  Mr.  Wythe  and  myself,  Mr. 
Pendleton's  residence  being  distant,  and  he  having  authorised  us 
by  letter  to  declare  his  approbation.  We  had  in  this  work,  brought 
so  much  of  the  Common  law  as  it  was  thought  necessary  to  alter, 
all  the  British  statutes  from  Magna  Charta  to  the  present  day,  and 
all  the  laws  of  Virginia,  from  the  establishment  of  our  legislature, 
in  tlie  4th  Jac.  1.  to  the  present  time,  which  we  thought  should  be 
retained,  within  the  compass  of  one  hundred  and  twenty-six  bills, 
making  a  printed  folio  of  ninety  pages  only.  Some  bills  were 
taken  out,  occasionally,  from  dme  to  time,  and  passed  ;  but  the 
main  body  of  the  work  was  not  entered  on  by  the  legislature, 
until,  after  the  general  peace,  in  1785,  when,  by  the  unwearied 
exertions  of  Mr.  Madison,  in  opposidon  to  the  endless  quibbles, 
chicaneries,  perversions,  vexations  and  delays  of  lawyers  and  de- 
mi-lawyers,  most  of  the  bills  were  passed  by  the  legislature,  with 
little  alteration. 

The  bill  for  establishing  religious  freedom,  the  principles  of  which 
had,  to  a  certain  degree,  been  enacted  before,  I  had  drawn  in  all 
the  latitude  of  reason  and  right.  It  still  met  with  opposition ;  but, 
with  some  mutilations  in  the  preamble,  it  was  finally  passed  ;  and 
a  singular  j)roposition  proved  that  its  protecdon  of  opinion  was 


37 

meant  to  be  universal.  Where  the  preamble  declares,  that  coercion 
is  a  departure  from  the  plan  of  the  holy  author  of  our  religion,  an 
amendment  was  proposed,  by  inserting  the  words  '  Jesus  Christ,' 
so  that  it  should  read,  '  a  departure  from  tlie  plan  of  Jesus  Christ, 
the  holy  author  of  our  religion  5'  the  insertion  was  rejected  by  a 
great  majority,  in  proof  that  they  meant  to  comprehend,  within  the 
mantle  of  its  protection,  the  Jew  and  tlie  Gentile,  die  Christian 
and  Mahometan,  the  Hindoo,  and  Infidel  of  every  denomination. 

Beccaria,  and  other  writers  on  crimes  and  punishments,  had 
satisfied  the  reasonable  world  of  the  unrightfulness  and  inefficacy 
of  the  punishment  of  crimes  by  death ;  and  hard  laboi-  on  roads, 
canals  and  other  public  works,  had  been  suggested  as  a  proper  sub- 
stitute. The  Revisors  had  adopted  these  opinions ;  but  the  general 
idea  of  our  country  had  not  yet  advanced  to  that  point.  The 
bill,  therefore,  for  proportioning  crimes  and  punishments,  was  lost 
in  the  House  of  Delegates  by  a  majority  of  a  single  vote.  I  learn- 
ed afterwards,  that  the  substitute  of  hard  labor  in  public,  was  tried 
(I  believe  it  was  in  Pennsylvania)  without  success.  Exhibited  as  a 
public  spectacle,  with  shaved  heads  and  mean  clothing,  working 
on  the  high  roads,  produced  in  the  criminals  such  a  prostration  of 
character,  such  an  abandonment  of  self-respect,  as,  instead  of 
reforming,  plunged  them  into  the  most  desperate  and  hardened  de- 
pravity of  morals  and  character.  To  pursue  the  subject  of  this  law. 
— I  was  written  to  in  17^5  (being  tlien  in  Paris)  by  Directors  ap- 
pointed to  superintend  the  building  of  a  Capitol  in  Richmond,  to 
advise  diem  as  to  a  plan,  and  to  add  to  it  one  of  a  Prison.  Think- 
ing it  a  favorable  opportunity  of  introducing  into  the  state  an  ex- 
ample of  architecture,  in  the  classic  style  of  antiquity,  and  the 
Maison  quarree  of  Nismes,  an  antient  Roman  temple,  being  con- 
sidered as  the  most  perfect  model  existing  of  what  may  be  called 
Cubic  architecture,  I  applied  to  M.  Clerissault,  who  had  published 
drawings  of  the  Antiquities  of  Nismes,  to  have  me  a  model  of  die 
building  made  in  stucco,  only  changing  the  order  from  Corinthian 
to  Ionic,  on  account  of  the  difficulty  of  the  Corinthian  capitals.  I 
yielded,  with  reluctance,  to  the  taste  of  Clerissault,  in  his  prefer- 
ence of  the  modern  capital  of  Scamozzi  to  the  more  noble  capital 
of  antiquity.  This  was  executed  by  the  ardst  whom  Choiseul 
Gouffier  had  carried  with  him  to  Constantinople,  and  employed, 
while  Ambassador  there,  in  making  those  beaudful  models  of  the 
remains  of  Grecian  architecture,  which  are  to  be  seen  at  Paris. 
To  adapt  the  exterior  to  our  use,  I  drew  a  plan  for  the  interior, 
with  the  apartments  necessaiy  for  legislative,  execudve  and  judi- 
ciary purposes ;  and  accommodated  in  their  size  and  distribution  to 
die  form  and  dimensions  of  the  building.      These  were  forwarded 


38 

to  the  Directors,  in  1786,  and  were  carried  into  execution,  with 
some  variations,  not  for  the  better,  the  most  important  of  which, 
however,  admit  of  future  correction.  With  respect  to  the  plan  of 
a  Prison,  requested  at  the  same  time,  I  had  heard  of  a  benevolent 
society,  in  England,  which  had  been  indulged  by  tlie  government, 
in  an  experiment  of  the  effect  of  labor,  in  solitary  coi^nement,  on 
some  of  their  criminals ;  which  experiment  had  succeeded  beyond 
expectation.  The  same  idea  had  been  suggested  in  France,  and 
an  Architect  of  Lyons  had  proposed  a  plan  of  a  well  contrived  edi- 
fice, on  the  principle  of  solitary  confinement.  I  procured  a  copy, 
and  as  it  was  too  large  for  our  purposes,  I  drew  one  on  a  scale  less 
extensive,  but  susceptible  of  additions  as  they  should  be  wanting. 
This  I  sent  to  the  Directors,  instead  of  a  plan  of  a  common  prison, 
in  the  hope  that  it  would  suggest  the  idea  of  labor  in  solitary  con- 
finement, instead  of  that  on  the  public  works,  which  we  had 
adopted  in  our  Revised  Code.  Its  principle,  accordingly,  but  not 
its  exact  form,  was  adopted  by  Latrobe  in  carrying  the  plan  into 
execution,  by  the  erection  of  what  is  now  called  the  Penitentiary, 
built  under  his  direction.  In  the  mean  while,  the  pubhc  opinion 
was  ripening,  by  time,  by  reflection,  and  by  the  example  of  Penn- 
sylvania, where  labor  on  the  highways  had  been  tried,  without 
approbation,  from  1786  to  '89,  and  had  been  followed  by  their 
Penitentiary  system  on  the  principle  of  confinement  and  labor, 
which  was  proceeding  auspiciously.  In  1796,  our  legislature  re- 
sumed tlie  subject,  and  passed  the  law  for  amending  the  Penal  laws 
of  the  commonwealth. .  They  adopted  solitary,  instead  of  public, 
labor,  established  a  gradation  in  the  duration  of  the  confinement, 
approximated  the  style  of  the  law  more  to  the  modern  usage,  and, 
instead  of  the  settled  distinctions  of  murder  and  manslaughter, 
preserved  in  my  bill,  they  introduced  the  new  terms  of  murder 
in  the  first  and  second  degree.  Whether  these  have  produced  more 
or  fewer  questions  of  definition,  I  am  not  sufficiently  informed  of  our 
judiciary  transacUons,  to  say.  I  will  here,  however,  insert  the  text 
of  my  bill,  with  the  notes  I  made  in  the  course  of  my  researches 
into  the  subject.* 

The  acts  of  Assembly  concerning  the  College  of  William  and 
Mary,  were  properly  within  Mr.  Pendleton's  portion  of  our  work ; 
but  these  related  chiefly  to  its  revenue,  while  its  constitution,  or- 
ganization and  scope  of  science,  were  derived  from  its  charter. 
We  thought  that  on  this  subject,  a  systematical  plan  of  general  edu- 
cation should  be  proposed,  and  1  was  requested  to  undertake  it. 
I  accordingly  prepared  three  bills  for  the  Revisal,  proposing  three 

["  See  Appendix,  note  E.] 


39 

distinct  grades  of  education,  reaching  all  classes.  1st.  Elementary 
schools,  for  all  children  generally,  rich  and  poor.  2nd.  Colleges, 
for  a  middle  degree  of  instruction,  calculated  for  the  common  pur- 
poses of  life,  and  such  as  would  be  desirable  for  all  who  were  in 
easy  circumstances.  And,  3rd.  an  ultimate  grade  for  teaching  the 
sciences  generally,  and  in  their  highest  degree.  The  first  bill 
proposed  to  lay  off  every  county  into  Hundreds,  or  Wards,  of  a 
proper  size  and  population  for  a  school,  in  which  reading,  writing 
and  common  arithmetic  should  be  taught ;  and  that  the  whole  state 
should  be  divided  into  twenty-four  districts,  in  each  of  which  should 
be  a  school  for  classical  learning,  grammar,  geography,  and  the 
higher  branches  of  numerical  arithmetic.  The  second  bill  pro- 
posed to  amend  the  constitution  of  William  and  Mary  college,  to 
enlarge  its  sphere  of  science,  and  to  make  it  in  fact  a  University. 
The  third  was  for  the  establishment  of  a  library.  These  bills  were 
not  acted  on  until  the  same  year,  '96,  and  then  only  so  much  of 
the  first  as  provided  for  elementary  schools.  The  College  of  Wil- 
liam and  Mary  was  an  establishment  purely  of  the  Church  of  Eng- 
land ;  the  Visitors  were  required  to  be  all  of  that  Church  ;  the 
Professors  to  subscribe  its  thirty-nine  Articles ;  its  Students  to  learn 
its  Catechism  ;  and  one  of  its  fundamental  objects  was  declared  to 
be,  to  raise  up  Ministers  for  that  Church.  The  religious  jealousies, 
therefore,  of  all  the  dissenters,  took  alarm  lest  this  might  give  an 
ascendancy  to  the  Anglican  sect,  and  refused  acting  on  that  bill. 
Its  local  eccentricity,  too,  and  unhealthy  autumnal  climate,  lessened 
the  general  inclination  towards  it.  And  in  the  Elementary  bill,  they 
inserted  a  provision  which  completely  defeated  it ;  for  they  left  it 
to  tiie  court  of  each  county  to  determine  for  itself,  when  this  act 
should  be  carried  into  execution,  within  their  county.  One  provi- 
sion of  the  bill  was,  that  the  expenses  of  these  schools  should  be 
borne  by  the  inhabitants  of  the  county,  every  one  in  proportion  to 
his  general  tax  rate.  This  would  throw  on  wealth  tiie  education 
of  the  poor ;  and  the  justices,  being  generally  of  the  more  wealthy 
class,  were  unwilling  to  incur  that  burthen,  and  I  believe  it  was  not 
suffered  to  commence  in  a  single  county.  I  shall  recur  again  to 
this  subject,  towards  the  close  of  my  story,  if  I  should  have  life  and 
resolution  enough  to  reach  that  term ;  for  1  am  already  tired  of 
talking  about  myself. 

The  bill  on  the  subject  of  slaves,  was  a  mere  digest  of  the  ex- 
isting laws  respecting  them,  without  any  intimation  of  a  plan  for  a 
future  and  general  emancipation.  It  was  thought  better  tiiat  this 
should  be  kept  back,  and  attempted  only  by  way  of  amendment, 
whenever  the  bill  should  be  brought  on.  The  principles  of  the 
amendment,  however,  were  agreed  on,  that  is  to  say,  the  freedom 


40 

of  all  born  after  a  certain  day,  and  deportation  at  a  proper  age. 
But  it  was  found  that  the  public  mind  would  not  yet  bear  the  pro- 
position, nor  will  it  bear  it  even  at  this  day.  Yet  the  day  is  not 
distant  when  it  must  bear  and  adopt  it,  or  worse  will  follow.  No- 
thing is  more  certainly  written  in  the  book  of  Tate,  than  that  these 
people  are  to  be  free ;  nor  is  it  less  certain  that  the  two  races, 
equally  free,  cannot  live  in  the  same  government.  Nature,  habit, 
opinion  have  drawn  indelible  lines  of  distinction  between  them. 
It  is  still  in  our  power  to  direct  the  process  of  emancipation  and 
deportation,  peaceably,  and  in  such  slow  degree,  as  that  the  evil 
will  wear  off  insensibly,  and  their  place  be,  pari  passu,  filled  up  by 
free  white  laborers.  If,  on  the  contrary,  it  is  left  to  force  itself  on, 
human  nature  must  shudder  at  the  prospect  held  up.  We  should 
in  vain  look  for  an  example  in  the  Spanish  deportation  or  deletion 
of  tlie  Moors.     This  precedent  would  fall  far  short  of  our  case. 

I  considered  four  of  these  bills,  passed  Or  reported,  as  forming  a 
system  by  which  every  fibre  would  be  eradicated  of  antient  or  fu- 
ture aristocracy ;  and  a  foundation  laid  for  a  government  truly  re- 
publican. The  repeal  of  the  laws  of  entail  would  prevent  the  ac- 
cumulation and  perpetuation  of  wealth,  in  select  families,  and  pre- 
serve the  soil  of  the  country  from  being  daily  more  and  more  ab- 
sorbed in  mortmain.  The  abolition  of  primogeniture,  and  equal 
partition  of  inheritances,  removed  the  feudal  and  unnatural  distinc- 
tions which  made  one  member  of  every  family  rich,  and  all  the 
rest  poor,  substituting  equal  partition,  the  best  of  all  Agrarian  laws. 
The  restoration  of  the  rights  of  conscience,  relieved  the  people  from 
taxation  for  the  support  of  a  religion  not  theirs  ;  for  the  establish- 
ment was  truly  of  the  religion  of  the  rich,  the  dissenting  sects  being 
entirely  composed  of  the  less  wealthy  people ;  and  tliese,  by  the 
bill  for  a  general  education,  would  be  qualified  to  understand  their 
rights,  to  maintain  them,  and  to  exercise  with  intelligence  their  parts 
in  self-government :  and  all  this  would  be  effected,  without  tlie  vio- 
lation of  a  single  natural  right  of  any  one  individual  citizen.  To 
these,  too,  might  be  added,  as  a  further  securitv,  the  introduction  of 
the  trial  by  jury,  into  the  Chancery  courts,  which  have  already  in- 
gulphed,  and  continue  to  ingulph,  so  great  a  proportion  of  the  ju- 
risdiction over  our  property. 

On  the  1st  of  June,  1779, 1  was  appointed  Governor  of  the  Com- 
monwealtli,  and  retired  from  the  legislature.  Being  elected,  also, 
one  of  the  Visitors  of  William  and  Mary  college,  a  self-electing 
body,  I  effected,  during  my  residence  in  WilHamsburg  that  year, 
a  change  m  the  organization  of  that  institution,  by  abolishing  the 
Grammar  school,  and  the  two  professorships  of  Divinity  and  Oriental 
languages,  and  substituting  a  professorship  of  Law  and  Police,  one  of 


41 

Anatomy,  Medicine  and  Chemistry,  and  one  of  Modem  lan- 
guages j  and  the  charter  confining  us  to  six  professorships,  we 
added  the  Law  of  Nature  and  Nations,  and  the  Fine  Arts  to  the 
duties  of  the  Moral  professor,  and  Natural  History  to  those  of  the 
professor  of  Madiematics  and  Natural  Philosophy. 

Being  now,  as  it  were,  identified  with  the  Commonwealth  itself, 
to  write  my  own  history,  during  the  two  years  of  my  administration, 
would  be  to  write  the  public  history  of  that  portion  of  the  revolution 
within  this  state.  This  has  been  done  by  others,  and  particularly 
by  Mr.  Girardin,  who  wrote  his  Continuation  of  Burke's  History  of 
Virginia,  while  at  Milton,  in  this  neighborhood,  had  free  access  to  all 
my  papers  while  composing  it,  and  has  given  as  faithful  an  account 
as  I  could  myself.  For  this  portion,  therefore,  of  my  own  life,  I 
refer  altogether  to  his  history.  From  a  belief  that,  under  the  pres- 
sure of  the  invasion  under  which  we  were  then  laboring,  the  public 
would  have  more  confidence  in  a  Military  chief,  and  that  the  Mili- 
tary commander,  being  invested  with  the  Civil  power  also,  both 
might  be  wielded  with  more  energy,  promptitude  and  effect  for  the 
defence  of  the  state,  I  resigned  the  administration  at  the  end  of 
my  second  year,  and  General  Nelson  was  appointed  to  succeed  me. 

Soon  after  my  leaving  Congress,  in  September,  '76,  to  wit,  on 
the  last  day  of  tliat  montli,  I  had  been  appointed,  with  Dr.  Frank- 
lin, to  go  to  France,  as  a  Commissioner,  to  negociate  treaties  of  al- 
liance and  commerce  with  that  government.  Silas  Deane,then  in 
France,  acting  as*  agent  ibr  procuring  military  stores,  was  joined 
with  us  in  commission.  But  such  was  the  state  of  my  family  that 
I  could  not  leave  it,  nor  could  I  expose  it  to  the  dangers  of  the  sea, 
and  of  capture  by  the  British  ships,  then  covering  the  ocean.  I 
saw,  too,  tiiat  the  laboring  oar  was  really  at  home,  where  much 
was  to  be  done,  of  the  most  permanent  interest,  in  new  modelling 
our  governments,  and  much  to  defend  our  fanes  and  fire-sides  from 
the  desolations  of  an  invading  enemy,  pressing  on  our  country  in 
every  point.  I  declined,  therefore,  and  Dr.  Lee  was  appointed  in 
my  place.  On  the  15th  of  June,  1781, 1  had  heen  appointed,  with 
Mr.  Adams,  Dr.  Franklin,  Mr.  Jay,  and  Mr.  Laurens,  a  Minister 
Plenipotentiary  for  negociating  peace,  then  expected  to  be  effected 
through  the  mediation  of  the  Empress  of  Russia.  The  same  rea- 
sons obliged  me  still  to  decline ;  and  the  negociation  was  in  fact 
never  entered  on.    But,  in  the  autumn  of  the  next  year,  1 782,  Con- 

*  His  ostensible  character  was  to  be  that  of  a  merchant,  his  real  one  that  of 
agent  for  military  supplies,  and  also  for  sounding  the  dispositions  of  the  go- 
vernment of  France,  and  seeing  how  far  they  would  favor  us,  either  secretly 
or  openly.  His  appointment  had  been  by  the  Committee  of  foreign  corres- 
pondence, March,  177G. 

VOL.  I.  d 


42 

gress  receiving  assurances  that  a  general  peace  would  be  conclu- 
ded in  the  winter  and  spring,  they  renewed  my  appointment  on  the 
13th  of  November  of  diat  year.  I  had,  two  montlis  before  that, 
lost  the  cherished  companion  of  my  life,  in  whose  affections,  una- 
bated on  both  sides,  I  had  lived  the  last  ten  years  in  unchequered 
happiness.  With  the  public  interests,  the  state  of  my  mind  concur- 
red in  recommending  the  change  of  scene  proposed ;  and  I  ac- 
cepted the  appointment,  and  left  Monticello  on  the  19th  of  De- 
cember, 1782,  for  Philadelphia,  where  I  arrived  on  tlie  27th.  The 
Minister  of  France,  Luzerne,  offered  me  a  passage  in  the  Romulus 
frigate,  which  I  accepted ;  but  she  was  then  lying  a  few  miles  be- 
low Baltimore,  blocked  up  in  the  ice.  I  remained,  therefore,  a 
month  in  Philadelphia,  looking  over  the  papers  in  the  office  of  State, 
in  order  to  possess  myself  of  the  general  state  of  our  foreign  rela- 
tions, and  then  went -to  Baltimore,  to  await  tlie  liberation  of  tlie  fri- 
gate from  the  ice.  After  waiting  there  nearly  a  month,  we  re- 
ceived information  that  a  Provisional  treaty  of  peace  had  been  sign- 
ed by  our  Commissioners  on  the  3rd  of  September,  1782,  to  be- 
come absolute,  on  the  conclusion  of  peace  between  France  and 
Great  Britain.  Considering  my  proceeding  to  Europe  as  now  of 
no  utility  to  the  pubHc,  1  returned  immediately  to  Philadelphia,  to 
take  the  orders  of  Congress,  and  was  excused  by  them  from  fur- 
ther proceeding.  I  therefore  returned  home,  where  I  arrived  on 
the  15th  of  May,  1783. 

On  the  6th  of  the  following  month,  I  was  appointed  by  the  legis- 
lature a  delegate  to  Congress,  the  appointment  to  take  place  on  the 
1st  of  November  ensuing,  when  that  of  the  existing  delegation 
would  expire.  I  accordingly  left  home  on  the  16th  of  October, 
arrived  at  Trenton,  where  Congress  was  sitting,  on  the  3rd  of  No- 
vember, and  took  my  seat  on  the  4th,  on  which  day  Congress  ad- 
journed, to  meet  at  Annapolis  on  the  26th. 

Congress  had  now  become  a  very  small  body,  and  the  members 
very  remiss  in  their  attendance  on  its  duties,  insomuch,  that  a  ma- 
jority of  tlie  states,  necessary  by  the  Confederation  to  constitute  a 
House  even  for  minor  business,  did  not  assemble  until  the  13th  of 
December. 

They,  as  early  as  January  7,  1782,  had  turned  their  attention 
to  the  monies  current  in  the  several  states,  and  had  directed  tlie 
Financier,  Robert  Morris,  to  report  to  them  a  table  of  rates,  at  wliich 
the  foreign  coins  should  be  received  at  the  treasury.  That  officer, 
or  rather  his  assistant,  Gouverneur  Morris,  answered  diem  on  the 
15th,  in  an  able  and  elaborate  statement  of  the  denominations  of 
money  current  in  the  several  states,  and  of  the  comparative  value 
of  the  foreign  coins  chiefly  in  circulation  with  us.     He  went  into 


43 

the  consideration  of  the  necessity  of  establishing  a  standard  of  value 
witli  us,  and  of  the  adoption  of  a  money  Unit.  He  proposed  for 
that  Unit,  such  a  fraction  of  pure  silver  as  would  be  a  common  mea- 
sure of  the  penny  of  every  state,  without  leaving  a  fraction.  This 
common  divisor  he  found  to  be  1-1440  of  a  dollar,  or  1-1600  of 
the  crown  sterling.  The  value  of  a  dollar  was,  therefore,  to  be 
expressed  by  1440  units,  and  of  a  crown  by  1600  ;  each  Unit  con- 
taining a  quarter  of  a  grain  of  fine  silver.  Congress  turning  again 
their  attention  to  this  subject  the  following  year,  the  Financier,  by 
a  letter  of  April  30,  1783,  further  explained  and  urged  the  Unit  he 
had  proposed  :  but  nothing  more  was  done  on  it  until  the  ensuing 
year,  when  it  was  again  taken  up,  and  referred  to  a  committee,  of 
which  I  was  a  member.  The  general  views  of  the  Financier  were 
sound,  and  the  principle  was  ingenious  on  which  he  proposed  to 
found  his  Unit ;  but  it  was  too  minute  for  ordinary  use,  too  labori- 
ous for  computation,  either  by  the  head  or  in  figures.  The  price 
of  a  loaf  of  bread,  1-20  of  a  dollar,  would  be  72  units. 

A  pound  of  butter,  1-5  of  a  dollar,  288  units. 

A  horse,  or  bullock,  of  eighty  dollars  value,  would  require  a  no- 
tation of  six  figures,  to  wit,  115,200,  and  the  public  debt,  suppose 
of  eighty  millions,  would  require  twelve  figures,  to  wit,  1 1 5,200,- 
000,000  Units.  Such  a  system  of  money-arithmetic  would  be 
entirely  unmanageable  for  the  common  purposes  of  society.  I  pro- 
posed, therefore,  instead  of  this,  to  adopt  the  Dollar  as  our  Unit  of 
account  and  payment,  and  that  its  divisions  and  subdivisions  should 
be  in  the  decimal  ratio.  I  wrote  some  Notes  on  the  subject,  which 
I  submitted  to  the  consideration  of  the  Financier.  I  received  his 
answer  and  adherence  to  his  general  system,  only  agreeing  to  take 
for  his  Unit  one  hundred  of  those  he  first  proposed,  so  that  a  Dollar 
should  be  14  40-1 00,  and  a  crown  1 6  Units.  I  replied  to  this,  and 
printed  my  notes  and  reply  on  a  flying  sheet,  which  I  put  into  the 
hands  of  the  members  of  Congress  for  consideration,  and  the  Com- 
mittee agreed  to  report  on  my  principle.  This  was  adopted  the 
ensuing  year,  and  is  the  system  which  now  prevails.  I  insert,  here, 
the  Notes  and  Reply,  as  shewing  the  different  views  on  which  the 
adoption  of  our  money  system  hung.*  The  divisions  into  dismes, 
cents  and  mills  is  now  so  well  understood,  that  it  would  be  easy  of 
introduction  into  the  kindred  branches  of  weights  and  measures. 
I  use,  when  I  travel,  an  Odometer  of  Clarke's  invention,  which  di- 
vides the  mile  into  cents,  and  I  find  every  one  comprehends  a  dis- 
tance readily,  when  stated  to  him  in  miles  and  cents;  so  he 
would  in  feet  and  cents,  pounds  and  cents,  &;c. 

["^  See  Appendix,  note  F.] 


I" 


44 


The  remissness  of  Congress,  and  their  permanent  session,  he- 
gan  to  be  a  subject  of  uneasiness ;  and  even  some  of  the  legisla- 
tures had  recommended  to  them  intermissions,  and  periodical 
sessions.  As  the  Confederation  had  made  no  provision  for  a  visi- 
ble head  of  the  government,  during  vacations  of  Congress,  and 
such  a  one  was  necessary  to  superintend  the  executive  business,  to 
receive  and  communicate  with  foreign  ministers  and  nations,  and 
to  assemble  Congress  on  sudden  and  extraordinary  emergencies,  I 
proposed,  early  in  April,  the  appointment  of  a  committee,  to  be 
called  the  '  Committee  of  the  States,'  to  consist  of  a  member  from 
each  state,  who  should  remain  in  session  during  the  recess  of  Con- 
gress :  that  the  functions  of  Congress  should  be  divided  into  ex- 
ecutive and  legislative,  the  latter  to  be  reserved,  and  the  former, 
by  a  general  resolution,  to  be  delegated  to  tliat  Committee.  This 
proposition  was  afterwards  agreed  to ;  a  Committee  appointed,  who 
entered  on  duty  on  the  subsequent  adjournment  of  Congress,  quar- 
relled very  soon,  split  into  two  parties,  abandoned  their  post,  and 
left  the  government  without  any  visible  head,  until  the  next  meet- 
ing of  Congress.  We  have  since  seen  the  same  thing  take  place, 
in  the  Directory  of  France  ;  and  I  believe  it  wdll  forever  take  place 
in  any  Executive  consisting  of  a  plurality.  Our  plan,  best,  I  be- 
lieve, combines  wisdom  and  practicability,  by  providing  a  plurality 
of  Counsellors,  but  a  single  Arbiter  for  ultimate  decision.  I  w^as  in 
France  when  we  heard  of  this  schism,  and  separation  of  our  Com- 
mittee, and,  speaking  with  Dr.  Franklin  of  this  singular  disposition 
of  men  to  quarrel,  and  divide  into  parties,  he  gave  his  sentiments, 
as  usual,  by  way  of  Apologue.  He  mentioned  the  Eddystone 
light-house,  in  the  British  channel,  as  being  built  on  a  rock,  in  the 
mid-channel,  totally  inaccessible  in  winter,  from  the  boisterous 
character  of  that  sea,  in  that  season ;  that,  therefore,  for  the  two 
keepers  employed  to  keep  up  the  lights,  all  provisions  for  the 
winter  were  necessarily  carried  to  them  in  autumn,  as  they  could 
never  be  visited  again  till  the  return  of  the  milder  season ;  that, 
on  the  first  practicable  day  in  the  spring,  a  boat  put  off  to  them 
with  fresh  supplies.  The  boatmen  met  at  tlie  door  one  of  the 
keepers,  and  accosted  him  with  a  '  How  goes  it,  friend  ?  Very 
well.  How  is  your  companion  ?  I  do  not  know.  Don't  know  ? 
Is  not  he  here  ?  I  can't  tell.  Have  not  you  seen  him  to-day  ? 
No.  When  did  you  see  him  ?  Not  since  last  fall.  You  have 
killed  bun  ?  Not  I,  indeed.'  They  were  about  to  lay  hold  of 
him,  as  having  certainly  murdered  his  companion :  but  he  desired 
them  to  go  up  stairs  and  examine  for  themselves.  They  went  up, 
and  there  found  the  other  keeper.  They  liad  quarrelled,  it  seems, 
soon  after  being  left  there,  had  divided  into  two  parties,  assigned 


45 

tlie  cares  below  to  one,  and  those  above  to  the  other,  and  had  never 
spoken  to,  or  seen,  one  another  since. 

But  to  return  to  our  Congress  at  Annapolis.  The  definitive 
treaty  of  peace  which  had  been  signed  at  Paris  on  the  3rd  of  Sep- 
tember, 1783,  and  received  here,  could  not  be  ratified  without  a 
House  of  nine  states.  On  the  23d  of  December,  tlierefore,  we 
addressed  letters  to  the  several  Governors,  stating  the  receipt  of 
the  definitive  treaty ;  that  seven  states  only  were  in  attendance, 
while  nine  w^ere  necessary  to  its  ratification ;  and  urging  them  to 
press  on  their  delegates  the  necessity  of  their  immediate  attend- 
ance. And  on  the  26tli,  to  save  time,  I  moved  that  the  Agent  of 
Marine  (Robert  Morris)  should  be  instructed  to  have  ready  a  ves- 
sel at  this  place,  at  New  York,  and  at  some  Eastern  port,  to  carry 
over  the  ratification  of  the  treaty  when  agreed  to.  It  met  the  ge- 
neral sense  of  the  House,  but  was  opposed  by  Dr.  Lee,  on  the 
ground  of  expense,  which  it  would  authorize  the  Agent  to  incur  for 
us ;  and,  he  said,  it  would  be  better  to  ratify  at  once,  and  send  on 
the  ratification.  Some  members  had  before  suggested,  tliat  seven 
states  were  competent  to  the  ratification.  My  motion  was  there- 
fore postponed,  and  another  brought  forward  by  Mr.  Read,  of 
South  Carolina,  for  an  immediate  ratification.  This  was  debated 
the  26th  and  27th.  Read,  Lee,  Williamson  and  Jeremiah  Chase, 
urged  that  ratification  was  a  mere  matter  of  form,  that  tlie  treaty 
was  conclusi^  from  the  moment  it  was  signed  by  the  ministers ; 
that,  altliough  the  Confederation  requires  the  assent  of  nine  states 
to  enter  into  a  treaty,  yet,  that  its  conclusion  could  not  be  called 
the  entrance  into  it ;  tliat  supposing  nine  states  requisite,  it  would 
be  in  the  power  of  five  states  to  keep  us  always  at  war  ;  that  nine 
states  had  virtually  authorized  tlie  ratification,  having  ratified  the 
provisional  treaty,  and  instructed  their  ministers  to  agree  to  a  de- 
finitive one  in  the  same  terms,  and  the  present  one  was,  in  fact, 
substantially,  and  almost  verbatim,  the  same ;  that  there  now  re- 
main but  sixty-seven  days  for  the  ratification,  for  its  passage  across 
the  Atlantic,  and  its  exchange ;  that  there  was  no  hope  of  our 
soon  having  nine  states  present ;  in  fact,  that  this  was  the  ultimate 
point  of  time  to  which  we  could  venture  to  wait ;  that  if  tlie  rati- 
fication was  not  in  Paris  by  the  time  stipulated,  the  treaty  would 
become  void ;  that  if  ratified  by  seven  states,  it  w^ould  go  under 
our  seal,  without  its  being  known  to  Great  Britain  that  only  seven 
had  concurred ;  that  it  was  a  question  of  which  they  had  no  right 
to  take  cognizance,  and  we  were  only  answerable  for  it  to  our 
constituents ;  that  it  was  like  the  ratification  which  Great  Britain 
had  received  from  the  Dutch,  by  the  negociations  of  Sii-  William 
Temple. 


46 

On  tlie  contrary,  it  was  argued  by  Monroe,  Gerry,  Howel, 
Ellery  and  myself,  that  by  the  modem  usage  of  Europe,  the  rati- 
fication was  considered  as  the  act  which  gave  validity  to  a  treaty, 
until  which,  it  was  not  obligatory."^  That  the  commission  to  the 
ministers,  reserved  tlie  ratification  to  Congress ;  that  the  treaty  itself 
stipulated,  that  it  should  be  ratified ;  that  it  became  a  second  question, 
who  were  competent  to  the  ratification  ?  That  the  Confederation  ex- 
pressly required  nine  states  to  enter  into  any  treaty ;  that,  by  this, 
that  instrument  must  have  intended,  that  die  assent  of  nine  states 
should  be  necessary,  as  well  to  the  completion  as  to  the  commence- 
ment of  the  treaty,  its  object  having  been  to  guard  the  rights  of  the 
Union  in  all  those  important  cases,  where  nine  states  are  called  for ; 
that  by  the  contrary  construction,  seven  states,  containing  less  than 
one  third  of  our  whole  citizens,  might  rivet  on  us  a  treaty,  com- 
menced indeed  under  commission  and  instructions  from  nine  states, 
but  formed  by  the  minister  in  express  contradiction  to  such  instruc- 
tions, and  in  direct  sacrifice  of  the  interests  of  so  great  a  majority  ; 
that  the  definitive  treaty  was  admitted  not  to  be  a  verbal  copy  of 
the  provisional  one,  and  whether  the  departures  from  it  were  of 
substance,  or  not,  was  a  question  on  which  nine  states  alone  were 
competent  to  decide  ;  that  the  circumstances  of  the.  ratification  of 
tlie  provisional  articles  by  nine  states,  the  instructions  to  our  minis- 
ters to  form  a  definitive  one  by  them,  and  their  actual  agreement 
in  substance,  do  not  render  us  competent  to  ratify^  the  present 
instance;  if  these  circumstances  are  in  themselves  a  ratification, 
nothing  further  is  requisite  than  to  give  attested  copies  of  them,  in 
exchange  for  the  British  ratification  ;  if  they  are  not,  we  remain 
where  we  were,  without  a  ratification  by  nine  states,  and  incom- 
petent ourselves  to  ratify  ;  that  it  was  but  four  days  since  the  seven 
states,  now  present,  unanimously  concurred  in  a  resolution,  to  be 
forwarded  to  the  Governors  of  the  absent  states,  in  which  they 
stated,  as  a  cause  for  urging  on  their  delegates,  that  nine  states 
were  necessary  to  ratify  the  treaty ;  that  in  the  case  of  the  Dutch 
ratification.  Great  Britain  had  courted  it,  and  therefore  was  glad 
to  accept  it  as  it  was ;  that  they  knew  our  Constitution,  and  would 
object  to  a  ratification  by  seven ;  that,  if  that  circumstance  was 
kept  back,  it  would  be  known  hereafter,  and  would  give  them 
ground  to  deny  the  validity  of  a  ratification,  into  which  they  should 
have  been  surprized  and  cheated,  and  it  would  be  a  dishonorable 
prostitution  of  our  seal ;  that  there  is  a  hope  of  nine  states ;  that  if 
the  treaty  would  become  null,  if  not  ratified  in  time,  it  would  not 
be  saved  by  an  imperfect  ratification  ;  but  that,  in  fact,  it  would  not 

*  Vattel  L.  2.  §  15G.  L.  4.  §  T7.  1.   Mably  Droit  D'Europe  86. 


47 

be  null,  and  would  be  placed  on  better  ground,  going  iiv  unex- 
ceptionable form,  though  a  few  days  too  late,  and  rested  on  tlie 
small  importance  of  this  circumstance,  and  the  physical  impossibili- 
ties which  had  prevented  a  punctual  compliance  in  point  of  time  ; 
tliat  this  would  be  approved  by  all  nations,  and  by  Great  Britain 
herself,  if  not  determined  to  renew  the  war,  and  if  so  determined, 
she  would  never  want  excuses,  were  this  out  of  tlie  way.  Mr. 
Read  gave  notice,  he  should  call  for  the  yeas  and  nays ;  whereon 
those  in  opposiuon,  prepared  a  resolution,  expressing  pointedly  die 
reasons  of  their  dissent  from  his  motion.  It  appearing,  however, 
that  his  proposition  could  not  be  carried,  it  was  thought  better  to 
make  no  entry  at  all.  Massachusetts  alone  would  have  been  for 
it;  Rhode  Island,  Pennsylvania  and  Virginia  against  it,  Delaware, 
Maryland  and  North  Carolina,  would  have  been  divided. 

Our  body  was  little  numerous,  but  very  contentious.  Day  after 
day,  was  wasted  on  the  most  unimportant  questions.  A  mem- 
ber, one  of  those  afflicted  with  the  morbid  rage  of  debate,  of  an 
ardent  mind,  prompt  imagination,  and  copious  flow  of  words,  who 
heard  with  impatience  any  logic  which  was  not  his  own,  sitting  near 
me  on  some  occasion  of  a  trifling  but  wordy  debate,  asked  me  how 
I  could  sit  in  silence,  hearing  so  much  false  reasoning,  which  a 
word  should  refute  ?  I  observed  to  him,  that  to  refute  indeed  was 
easy,  but  to  silence  impossible ;  that  in  measures  brought  forward 
by  myself,  I  took  the  laboring  oar,  as  was  incumbent  on  me ;  but 
that  in  general,  I  was  willing  to  listen ;  that  if  every  sound  argu- 
ment or  objection  was  used  by  some  one  or  odier  of  the  numerous 
debaters,  it  was  enough ;  if  not,  I  thought  it  sufficient  to  suggest 
tlie  omission,  without  going  into  a  repetition  of  what  had  been  al- 
ready said  by  odiers :  diat  this  was  a  waste  and  abuse  of  the  time 
and  patience  of  the  House,  which  could  not  be  justified.  And  I 
believe,  that  if  the  members  of  deliberate  bodies  were  to  observe 
this  course  generally,  they  would  do  in  a  day,  what  takes  them  a 
week ;  and  it  is  really  more  questionable,  than  may  at  fii'st  be 
tliought,  whether  Bonaparte's  dumb  legislature,  which  said  nothing, 
and  did  much,  may  not  be  preferable  to  one  which  talks  much,  and 
does  nothing.  I  served  with  General  Washington  in  die  legislature 
of  Virginia,  before  the  revolution,  and,  during  it,  with  Dr.  Franklin 
in  Congress.  I  never  heard  either  of  them  speak  ten  minutes  at 
a  time,  nor  to  any  but  the  main  point,  which  was  to  decide  die 
question.  They  laid  their  shoulders  to  the  great  points,  knowing 
that  die  little  ones  would  follow  of  themselves.  If  the  present  Con- 
gress errs  in  too  much  talking,  how  can  it  be  otherwise,  in  a  body 
to  which  the  people  send  one  hundred  and  fifty  lawyers,  whose  ti*ade 
it  is,  to  question  every  thing,  yield  nothing,  and  talk  by  the  hottlr  > 


48 

That  one  hundred  and  fifty  lawyers  should  do  business  together, 
ought  not  to  be  expected.     But  to  return  again  to  our  subject. 

Those  who  thought  seven  states  competent  to  the  ratification, 
being  very  restless  under  the  loss  of  their  motion,  I  proposed,  on 
the  third  of  January,  to  meet  them  on  middle  ground,  and  there- 
fore moved  a  resolution,  which  premised,  that  there  were  but  seven 
states  present,  who  were  unanimous  for  the  ratification,  but  that 
they  differed  in  opinion  on  the  question  of  competency ;  that  those 
however  in  the  negative,  were  unwilling,  that  any  powers  which  it 
might  be  supposed  they  possessed,  should  remain  unexercised  for 
the  restoration  of  peace,  provided  it  could  be  done,  saving  their 
good  faith,  and  witliout  importing  any  opinion  of  Congress,  that 
seven  states  were  competent,  and  resolving  that  the  treaty  be  rati- 
fied so  far  as  they  had  power ;  that  it  should  be  transmitted  to  our 
ministers,  with  instructions  to  keep  it  uncommunicated ;  to  endea- 
vor to  obfciin  three  months  longer  for  exchange  of  ratifications ; 
that  they  should  be  informed,  that  so  soon  as  nine  states  shall  be 
present,  a  ratificafion  by  nine  shall  be  sent  them  :  if  this  should  get 
to  them  before  the  ultimate  point  of  time  for  exchange,  they  were 
to  use  it,  and  not  the  other  5  if  not,  they  were  to  offer  the  act  of 
the  seven  states  in  exchange,  informing  them  the  treaty  had  come 
to  hand  while  Congress  was  not  in  session,  that  but  seven  states 
were  as  yet  assembled,  and  these  had  unanimously  concurred  in 
the  ratification.  This  was  debated  on  the  third  and  fourth  ;  and 
on  the  fifth,  a  vessel  being  to  sail  for  England,  from  this  port,  (An- 
napolis) the  House  directed  the' President  to  write  to  our  ministers 
accordingly. 

January  14.  Delegates  from  Connecticut  having  attended  yes- 
terday, and  another  from  South  Carolina  coming  in  this  day,  the 
treaty  was  ratified  without  a  dissenting  voice ;  and  three  instruments 
of  ratification  were  ordered  to  be  made  out,  one  of  which  was  sent 
by  Colonel  Harmer,  another  by  Colonel  Franks,  and  the  third 
transmitted  to  the  Agent  of  Marine,  to  be  forwarded  by  any  good 
opportunity. 

Congress  soon  took  up  the  consideration  of  their  foreign  rela- 
tions. They  deemed  it  necessary  to  get  their  commerce  placed 
with  every  nation,  on  a  footing  as  favorable  as  that  of  other  nations  ; 
and  for  this  purpose,  to  propose  to  each  a  distinct  treaty  of  com- 
merce. This  act  too  would  amount  to  an  acknowledgement,  by 
each,  of  our  independence,  and  of  our  reception  into  the  fraternity 
:  of  nations ;  which,  although  as  possessing  our  station  of  right,  and 
in  fact,  we  would  not  condescend  to  ask,  w^e  were  not  unwilhng  to 
furnish  opportunities  for  receiving  their  friendly  salutations  and  wel- 
come.    With  France,  the  United  Netherlands,  and  Sw^en^  we 


49 

had  already  treaties  of  commerce ;  but  commissions  were  given  for 
those  countries  also,  should  any  amendments  be  thought  necessary. 
The  other  states  to  which  treaties  were  to  be  proposed,  were 
England,  Hamburg,  Saxony,  Prussia,  Denmark,  Russia,  Austria, 
Venice,  Rome,  Naples,  Tuscany,  Sardinia,  Genoa,  Spain,  Portu- 
gal, the  Porte,  Agiers,  Tripoli,  Tunis,  and  Morocco. 

On  the  7th  of  May,  Congress  resolved  that  a  Minister  Plenipo- 
tentiary should  be  appointed,  in  addition  to  Mr.  Adams  and  Dr. 
Franklin,  for  negotiating  treaties  of  commerce  with  foreign  nations, 
and  I  was  elected  to  that  duty.  I  accordingly  left  Annapolis  on 
the  11th,  took  with  me  my  eldest  daughter,  tlien  at  Philadelphia, 
(the  two  others  being  too  young  for  the  voyage)  and  proceeded  to 
Boston,  in  quest  of  a  passage.  While  passing  through  the  different 
states,  I  made  a  point  of  informing  myself  of  the  state  of  the  com- 
merce of  each,  went  on  to  New  Hampshire  with  the  same  view, 
and  returned  to  Boston.  Thence  I  sailed  on  the  5th  of  July,  in 
the  Ceres,  a  merchant  ship  of  Mr.  Nathaniel  Tracey,  bound  to 
Cowes.  He  was  himself  a  passenger,  and,  after  a  pleasant  voy- 
age of  nineteen  days,  from  land  to  land,  we  arrived  at  Cowes  on 
the  26th.  I  was  detained  there  a  few  days  by  the  indisposition  of 
my  daughter.  On  die ,  30th,  we  embarked  for  Havre,  arrived 
there  on  the  31st,  left  it  on  the  3rd  of  August,  and  arrived  at 
Paris  on  the  6di.  I  called  immediately  on  Dr.  Frankhn,  at  Pas- 
sy,  communicated  to  him  our  charge,  and  we  wrote  to  Mr.  Adams, 
then  at  the  Hague,  to  join  iis  at  Paris. 

Before  I  had  left  America,  that  is  to  say,  in  the  year  1781,  I 
had  received  a  letter  from  M.  de  Marbois,  of  the  French  legation 
in  Philadelphia,  informing  me,  he  had  been  instructed  by  his  govern- 
ment to  obtain  such  statisdcal  accounts  of  the  different  states  of  our 
Union,  as  might  be  useful  for  their  information ;  and  addressing  to 
me  a  number  of  queries  relative  to  the  state  of  Virginia.  I  had 
always  made  it  a  practice,  whenever  an  opportunity  occurred  of 
obtaining  any  information  of  our  country,  which  might  be  of  use  to 
me  in  any  station,  public  or  private,  to  commit  it  to  writing.  These 
memoranda  were  on  loose  papers,  bundled  up  without  order,  and 
difficult  of  recurrence,  when  I  had  occasion  for  a  particular  one. 
T  thought  this  a  good  occasion  to  embody  their  substance,  which 
I  did  in  the  order  of  Mr.  Marbois'  queries,  so  as  to  answer  his 
wish,  and  to  arrange  them  for  my  own  use.  Some  friends,  to 
whom  they  were  occasionally  communicated,  wished  for  copies ; 
but  their  volume  rendering  this  too  laborious  by  hand,  I  proposed 
to  get  a  few  printed,  for  their  gratification.  I  was  asked  such  a 
price  however,  as  exceeded  the  importance  of  the  object.  On 
my  arrival  at  Paris,  I  found  it  could  be  done  for  a  fourth  of  what 

VOL.     I.  7 


50 

I  had  been  asked  here.  I  therefore  corrected  and  enlarged  them, 
and  had  two  hundred  copies  printed,  under  the  tide  of  '  Notes  on 
Virginia.'  I  gave  a  very  few  copies  to  some  particular  friends  in 
Europe,  and  sent  the  rest  to  my  friends  in  America.  An  Euro- 
pean copy,  by  the  death  of  the  owner,  got  into  the  hands  of  a 
bookseller,  who  engaged  its  translation,  and  when  ready  for  the 
press,  communicated  his  intentions  and  manuscript  to  me,  suggest- 
ing that  I  should  correct  it,  without  asking  any  other  permission  for 
the  publication.  I  never  had  seen  so  wretched  an  attempt  at 
translation.  Interverted,  abridged,  mutilated,  and  often  reversing 
the  sense  of  the  original,  I  found  it  a  blotch  of  errors,  from  be- 
ginning to  end.  I  corrected  some  of  the  most  material,  and,  in 
that  form,  it  was  printed  in  French.  A  London  bookseller,  on 
seeing  the  translation,  requested  me  to  permit  him  to  print  the 
English  original.  I  thought  it  best  to  do  so,  to  let  the  world  see 
that  it  was  not  really  so  bad  as  the  French  translation  had  made 
it  appear.     And  this  is  the  true  history  of  that  publication. 

Mr.  Adams  soon  joined  us  at  Paris,  and  our  first  employment 
was  to  prepare  a  general  form,  to  be  proposed  to  such  nations  as 
were  disposed  to  treat  with  us.  During  the  negotiations  for  peace 
with  the  British  Commissioner,  David  Hartley,  our  Commissioners 
had  proposed,  on  the  suggestion  of  Dr.  Franklin,  to  insert  an  arti- 
cle, exempting  from  capture  by  the  public  or  private  armed  ships, 
of  either  belligerent,  when  at  war,  all  merchant  vessels  and  their 
cargoes,  employed  merely  in  carrying  on  the  commerce  between 
nadons.  It  was  refused  by  England,  and  unwisely,  in  my  opinion. 
For,  in  the  case  of  a  war  with  us,  their  superior  commerce  places 
infinitely  more  at  hazard  on  the  ocean,  tlian  ours  ;  and,  as  haw^ks 
abound  in  proportion  to  game,  so  our  privateers  would  swarm,  in 
proportion  to  the  wealth  exposed  to  their  prize,  while  theirs  would 
be  few,  for  want  of  subjects  of  capture.  We  inserted  this  ardcle 
in  our  form,  with  a  provision  against  the  molestation  of  fishermen, 
husbandmen,  citizens  unarmed,  and  following  their  occupations  in 
unfortified  places,  for  the  humane  treatment  of  prisoners  of  war, 
the  abolition  of  contraband  of  war,  which  exposes  merchant  ves- 
sels to  such  vexatious  and  ruinous  detentions  and  abuses  ;  and  for 
the  principle  of  free  bottoms,  free  goods. 

In  a  conference  with  the  Count  de  Vergennes,  it  was  thought 
better  to  leave  to  legislative  regulation,  on  both  sides,  such  modifi- 
cations of  our  commercial  intercourse,  as  would  voluntarily  flow 
from  amicable  dispositions.  Without  urging,  we  sounded  the  minis- 
ters of  the  several  European  nations,  at  the  court  of  Versailles,  on 
their  dispositions  towards  mutual  commerce,  and  the  expediency 
of  encouraging  it  by  the  protection  of  a  treaty.     Old  Freddie,  of 


51 

Prussia,  met  us  cordially,  and  without  hesitation,  and,  appointing 
the  Baron  de  Thulemeyer,  his  minister  at  the  Hague,  to  negotiate 
with  us,  we  communicated  to  him  our  Projet,  which,  with  little 
alteration  by  the  King,  was  soon  concluded.  Denmark  and  Tus- 
cany, entered  also  into  negotiations  with  us.  Other  powers  ap- 
pearing indifferent,  we  aid  not  think  it  proper  to  press  them.  They 
seemed,  in  fact,  to  know  litde  about  us,  but  as  rebels,  who  had 
been  successful  in  throwing  off  tlie  yoke  of  the  motlier  country. 
They  were  ignorant  of  our  commerce,  which  had  been  always 
monopolized  by  England,  and  of  the  exchange  of  articles,  it  might 
offer  advantageously  to  both  parties.  They  were  inclined,  there- 
fore, to  stand  aloof,  until  they  could  see  better  what  relations 
might  be  usefully  instituted  with  us.  The  negotiations,  therefore, 
begun  with  Denmark  and  Tuscany,  we  protracted  designedly, 
until  our  powers  had  expired  ;  and  abstained  from  making  new 
propositions  to  others  having  no  colonies  ;  because  our  commerce 
being  an  exchange  of  raw  for  wrought  materials,  is  a  competent 
price  for  admission  into  the  colonies  of  those  possessing  them  ;  but 
were  we  to  give  it,  without  price,  to  others,  all  would  claim  it, 
without  price,  on  the  ordinary  ground  of  gentis  amicissimae. 

Mr.  Adams  being  appointed  Minister  Plenipotentiary  of  the 
United  States,  to  London,  left  us  in  June,  and  in  July,  1785,  Dr. 
Franklin  returned  to  America,  and  I  was  appointed  his  successor 
at  Paris.  In  February,  1786,  Mr.  Adams  wrote  to  me,  pressingly, 
to  join  him  in  London  immediately,  as  he  thought  he  discovered 
there  some  symptoms  of  better  disposition  towards  us.  Colonel 
Smith,  his  secretary  of  legation,  was  the  bearer  of  his  urgencies 
for  my  immediate  attendance.  I,  accordingly,  left  Paris  on  the 
1st  of  March,  and,  on  my  arrival  in  London,  we  agreed  on  a  very 
summary  form  of  treaty,  proposing  an  exchange  of  citizenship  for 
our  citizens,  our  ships,  and  our  productions  generally,  except  as  to 
office.  On  my  presentation,  as  usual,  to  the  King  and  Queen,  at 
their  levees,  it  was  impossible  for  any  thing  to  be  more  ungracious, 
than  their  notice  of  Mr.  Adams  and  myself.  I  saw,  at  once,  that 
the  ulcerations  of  niind  in  that  quarter,  left  nothing  to  be  expected 
on  the  subject  of  my  attendance  ;  and,  on  the  first  conference  with 
the  Marquis  of  Caermarthen,  the  Minister  for  foreign  affairs,  the 
distance  and  disinclination  which  he  betrayed  in  his  conversation, 
the  vagueness  and  evasions  of  his  answers  to  us,  confirmed  me  in 
the  belief  of  their  aversion  to  have  any  thing  to  do  with  us.  We 
delivered  him,  however,  our  Projet,  Mr.  Adams  not  despairing  as 
much  as  I  did,  of  its  effect.  We  afterwards,  by  one  or  more 
notes,  requested  his  appointment  of  an  interview  and  conference, 
which,  without  directly  declining,  he  evaded,  by  pretences  of  odier 


52 

pressing  occupations  for  the  moment.  After  staying  there  seven 
weeks,  till  witliin  a  few  days  of  the  expiration  of  our  commission, 
I  informed  the  minister,  by  note,  that  my  duties  at  Paris  required 
my  return  to  that  place,  and  that  I  should,  witli  pleasure,  be  the 
bearer  of  any  commands  to  his  Ambassador  there.  He  answered, 
that  he  had  none,  and,  wishing  me  a  pleasant  journey,  I  left  Lon- 
don the  26th,  and  arrived  at  Paris  the  30th  of  April. 

While  in  London,  we  entered  into  negotiations  with  the  Che- 
valier Pinto,  Ambassador  of  Portugal,  at  that  place.  The  only  ar- 
ticle of  difficulty  between  us  was,  a  stipulation  that  our  bread  stuff 
should  be  received  in  Portugal,  in  the  form  of  flour  as  well  as  of 
grain.  He  approved  of  it  himself,  but  observed  that  several  No- 
bles, of  great  influence  at  their  court,  were  the  owners  of  wind- 
mills in  the  neighborhood  of  Lisbon,  which  depended  much  for 
their  profits  on  manufacturing  our  wheat,  and  that  this  stipulation 
would  endanger  the  whole  treaty.  He  signed  it,  however,  and  its 
fate  was  what  he  had  candidly  portended. 

My  duties,  at  Paris,  were  confined  to  a  few  objects ;  the  receipt 
of  our  whale-oils,  salted  fish,  and  salted  meats,  on  favorable  terms ; 
the  admission  of  our  rice  on  equal  terms  with  that  of  Piedmont, 
Egypt  and  the  Levant ;  a  mitigation  of  the  monopolies  of  our  to- 
bacco by  the  Farmers-general,  and  a  free  admission  of  our  pro- 
ductions into  their  islands,  were  the  principal  commercial  objects 
which  required  attention ;  and,  on  these  occasions,  I  was  power- 
fully aided  by  all  the  influence  and  the  energies  of  the  Marquis 
de  La  Fayette,  who  proved  himself  equally  zealous  for  the  friend- 
ship and  welfare  of  both  nations ;  and,  in  justice,  I  must  also  say, 
that  I  found  the  government  entirely  disposed  to  befriend  us  on 
all  occasions,  and  to  yield  us  every  indulgence,  not  absolutely  in- 
jurious to  themselves.  The  Count  De  Vergennes  had  the  repu- 
tation, with  the  diplomatic  corps,  of  being  wary  and  slippery  in  his 
diplomatic  intercourse ;  and  so  he  might  be,  with  those  whom  he 
knew  to  be  slippery,  and  double  faced  themselves.  As  he  saw 
that  I  had  no  indirect  views,  practised  no  subtleties,  meddled  in  no 
intrigues,  pursued  no  concealed  object,  I  found  him  as  frank,  as 
honorable,  as  easy  of  access  to  reason,  as  any  man  with  whom  I 
had  ever  done  business ;  and  I  must  say  the  same  for  his  succes- 
sor, Montmorin,  one  of  the  most  honest  and  worthy  of  human 
beings. 

Our  commerce,  in  the  Mediterranean,  was  placed  under  early 
alarm,  by  the  capture  of  two  of  our  vessels  and  crews  by  the  Bar- 
bary  cruisers.  I  was  very  unwilling  that  we  should  acquiesce  in 
the  European  humiliation,  of  paying  a  tribute  to  those  lawless  pi- 
rates, and  endeavored  to  form  an  association  of  die  powers  sub- 


63 

ject  to  habitual  depredations  from  tliem.  1  accordingly  prepared, 
and  proposed  to  their  Ministers  at  Paris,  for  consultation  with 
their  governments,  ardcles  of  a  special  confederation,  in  die  fol- 
lowing form. 

'  Proposals  for  concerted  operation  among  the  powers  at  war 
with  the  piratical  States  of  Barbary. 

1 .  Tt  is  proposed,  that  the  several  powers  at  war  with  die  pira- 
tical States  of  Barbary,  or  any  two  or  more  of  diem  who  shall  be 
willing,  shall  enter  into  a  convention  to  carry  on  their  operadons 
against  those  States,  in  concert,  beginning  wth  the  Algerines. 

2.  This  convendon  shall  remain  open  to  any  other  power,  who 
shall,  at  any  future  dme,  wish  to  accede  to  it ;  the  parties  reserving 
the  jight  to  prescribe  the  conditions  of  such  accession,  according 
to  the  circumstances  existing  at  the  time  it  shall  be  proposed. 

3.  The  object  of  the  convention  shall  be,  to  compel  the  piratical 
States  to  perpetual  peace,  without  price,  and  to  guaranty  that 
peace  to  each  other. 

4.  The  operations  for  obtaining  this  peace,  shall  be  constant 
cruizes  on  their  coast,  with  a  naval  force  now  to  be  agreed  on.  It 
is  not  proposed,  that  this  force  shall  be  so  considerable  as  to  be  in- 
convenient to  any  party.  It  is  believed  that  half  a  dozen  frigates, 
with  as  many  Tenders  or  Xebecs,  one  half  of  which  shall  be  in 
cruize,  while  die  other  half  is  at  rest,  will  suffice. 

5.  The  force  agreed  to  be  necessary,  shall  be  furnished  by  the 
parties,  in  certain  quotas,  now  to  be  fixed ;  it  being  expected,  that 
each  will  be  willing  to  contribute,  in  such  proportion  as  circum- 
stances may  render  reasonable. 

6.  As  miscarriages  often  proceed  from  the  want  of  harmony 
among  officers  of  different  nations,  the  parties  shall  now  consider 
and  decide,  whether  it  will  not  be  better  to  contribute  their  quotas 
in  money,  to  be  employed  in  fitting  out  and  keeping  on  duty,  a 
single  fleet  of  the  force  agreed  on. 

7.  The  difficulties  and  delays,  too,  which  will  attend  the  man- 
agement of  these  operations,  if  conducted  by  the  parties  them- 
selves separately,  distant  as  their  courts  may  be  from  one  another, 
and  incapable  of  meeting  in  consultation,  suggest  a  question,  whe- 
ther it  will  not  be  better  for  them  to  give  full  powers,  for  that  pur- 
pose, to  their  Ambassadors,  or  other  Ministers  resident  at  some  one 
court  of  Europe,  who  shall  form  a  Committee,  or  Council,  for  car- 
rying this  convention  into  effect ;  wherein,  the  vote  of  each  mem- 
ber shall  be  computed  in  proportion  to  the  quota  of  his  sove- 
reign, and  the  majority  so  computed,  shall  prevail  in  all  questions 
witliin  the  view  of  this  convention.  The  court  of  Versailles  is  pro- 
posed, on  account  of  its  neighborhood  to  die  Mediterranean,  and 


54 

because  all  tliose  powers  are  represented  there,  who  are  likely  to 
become  parties  to  this  convention. 

8.  To  save  to  tliat  Council  tlie  embarrassment  of  personal  soli- 
citations for  office,  and  to  assure  the  parties  that  their  contributions 
will  be  applied  solely  to  the  object  for  which  they  are  destined, 
there  shall  be  no  establishment  of  officers  for  the  said  Council, 
such  as  Commissioners,  Secretaries,  or  any  other  kind,  with  either 
salaries  or  perquisites,  nor  any  other  lucrative  appointments  but 
such  whose  functions  are  to  be  exercised  on  board  the  said  vessels. 

9.  Should  war  arise  between  any  two  of  the  parties  to  this  con- 
vention, it  shall  not  extend  to  this  enterprize,  nor  interrupt  it;  but 
as  to  this  they  shall  be  reputed  at  peace. 

10.  When  Algiers  shall  be  reduced  to  peace,  the  other  piratical 
States,  if  they  refuse  to  discontinue  their  piracies,  shall  become  the 
objects  of  this  convention,  either  successively  or  togetlier,  as  shall 
seem  best. 

1 1 .  Where  this  convention  would  interfere  with  treaties  actually 
existing  between  any  of  the  parties  and  the  said  States  of  Barbary, 
the  treaty  shall  prevail,  and  such  party  shall  be  allowed  to  with- 
draw from  the  operations  against  that  state.' 

Spain  had  just  concluded  a  treaty  with  Algiers,  at  the  expenses 
of  three  millions  of  dollars,  and  did  not  like  to  relinquish  the  benefit 
of  that,  until  the  other  party  should  fail  in  their  observance  of  it. 
Portugal,  Naples,  the  two  Sicilies,  Venice,  Malta,  Denmark  and 
Sweden,  were  favorably  disposed  to  such  an  association  ;  but  their 
representatives  at  Paris  expressed  apprehensions  that  France  would 
interfere,  and,  either  openly  or  secretly,  support  the  Barbary 
powers ;  and  they  required,  that  I  should  ascertain  the  dispositions 
of  the  Count  de  Vergennes  on  the  subject.  I  had  before  taken 
occasion  to  inform  him  of  what  we  were  proposing,  and,  therefore, 
did  not  think  it  proper  to  insinuate  any  doubt  of  the  fair  conduct 
of  his  government ;  but,  stating  our  propositions,  I  mentioned  the 
apprehensions  entertained  by  us,  that  England  would  interfere  in 
behalf  of  those  piratical  governments.  '  She  dares  not  do  it,'  said 
he.  I  pressed  it,  no  further.  The  other  Agents  were  satisfied 
with  this  indication  of  his  sentiments,  and  nothing  was  now  wanting 
to  bring  it  into  direct  and  formal  consideration,  but  the  assent  of 
our  government,  and  their  authority  to  make  the  formal  proposi- 
tion. I  communicated  to  them  the  favorable  prospect  of  protect- 
ing our  commerce  from  the  Barbary  depredations,  and  for  such  a 
continuance  of  time,  as,  by  an  exclusion  of  them  from  the  sea,  to 
change  tlieir  habits  and  characters,  from  a  predatory  to  an  agricul- 
tural people  :  towards  which,  however,  it  was  expected  they  would 
contribute  a  frigate,  and  its  expenses,  to  be  in  constant  cjuize.  But 


55 

they  were  in  no  condition  to  make  any  such  engagement.  Their 
recommendatory  powers  for  obtaining  contributions,  were  so  openly 
neglected  by  the  several  states,  tliat  they  declined  an  engagement 
which  they  were  conscious  they  could  not  fulfil  with  punctuality  ; 
and  so  it  fell  through. 

*In  1786,  while  at  Paris,  I  became  acquainted  witli  John  Led- 
yard,  of  Connecticut,  a  man  of  genius,  of  some  science,  and  of 
fearless  courage  and  enterprize.  He  had  accompanied  Captain 
Cook  in  his  voyage  to  the  Pacific,  had  distinguished  himself  on 
several  occasions  by  an  unrivalled  intrepidity,  and  published  an 
account  of  that  voyage,  with  details  unfavorable  to  Cook's  deport- 
ment towards  the  savages,  and  lessening  our  regrets  at  his  fate. 
Ledyard  had  come  to  Paris,  in  the  hope  of  forming  a  company  to 
engage  in  the  fur  trade  of  the  Western  coast  of  America.  He 
was  disappointed  in  this,  and,  being  out  of  business,  and  of  a  roam- 
ing, restless  character,  I  suggested  to  him  the  enterprize  of  explor- 
ing the  Western  pan  of  our  continent,  by  passing  through  St. 
Petersburgh,  to  Kamschatka,  and  procuring  a  passage  thence  in 
some  of  the  Russian  vessels  to  Nootka  sound,  whence  he  might 
make  his  way  across  the  continent,  to  the  United  States ;  and  I  un- 
dertook to  have  the  permission  of  the  Empress  of  Russia  solicited. 
He  eargerly  embraced  the  proposition,  and  M.  de  Semoulin,  the 
Russian  Ambassador,  and  more  particularly  Baron  Grimm,  the  spe- 
cial correspondent  of  the  Empress,  solicited  her  permission  for 
him  to  pass  through  her  dominions,  to  the  Western  coast  of  Ame- 
rica. And  here  I  must  correct  a  material  error,  which  I  have 
committed  in  another  place,  to  tlie  prejudice  of  the  Empress.  Li 
writing  some  notes  of  the  life  of  Captain  Lewis,  prefixed  to  his 
'  Expedition  to  the  Pacific,'  I  stated  that  the  Empress  gave  the 
permission  asked,  and  afterwards  retracted  it.  This  idea,  after  a 
lapse  of  twenty-six  years,  had  so  insinuated  itself  into  my  mind, 
that  I  committed  it  to  paper,  without  the  least  suspicion  of  error. 
Yet  I  find,  on  recurring  to  my  letters  of  that  date,  that  the  Em- 
press refused  permission  at  once,  considering  the  enterprize  as 
entirely  chimerical.  But  Ledyard  would  not  relinquish  it,  per- 
suading himself,  that,  by  proceeding  to  St.  Petersburg,  he  could 
satisfy  the  Empress  of  its  practicability  and  obtain  her  permission. 
He  went  accordingly,  but  she  was  absent  on  a  visit  to  some  distant 
part  of  her  dominions,!  and  he  pursued  his  course  to  within  two 

[*  In  the  original  MS.,  the  parag;raph  ending  with  '  fell  through,' terminates 
pa^e  81  ;  betweerx  this  page  and  the  next,  there  is  stitched  in,  a  leaf  of  old 
writing,  constituting  a  memorandum,  whereof  note  G.  in  the  Appendix,  is  a 


copy.] 
t  The 


Crimea. 


56 

hundred  miles  of  Kamschatka,  where  he  was  overtaken  by  an  ar- 
rest from  the  Empress,  brought  back  to  Poland,  and  there  dis- 
missed. I  must  therefore,  in  justice,  acquit  the  Empress  of  ever 
having  for  a  moment  countenanced,  even  by  the  indulgence  of  an 
innocent  passage  through  her  territories,  this  interesting  enterprize. 
The  pecuniary  distresses  of  France,  produced  this  year,  a  mea- 
sure of  which  there  had  been  no  example  for  near  two  centuries, 
and  the  consequences  of  which,  good  and  evil,  are  not  yet  calcu- 
lable.    For  its  remote  causes,  we  must  go  a  little  back. 

Celebrated  writers  of  France  and  England,  had  already 
sketched  good  principles  on  the  subject  of  government :  yet  the 
American  Revolution  seems  first  to  have  awakened  the  thinking 
part  of  the  French  nation  in  general,  from  the  sleep  of  despotism 
in  which  they  were  sunk.  The  officers  too,  who  had  been  to 
America,  were  mostly  young  men,  less  shackled  by  habit  and  pre- 
judice, and  more  ready  to  assent  to  the  suggestions  of  common  sense, 
and  feeling  of  common  rights,  tlian  others.  They  came  back  with 
new  ideas  and  impressions.  The  press,  notwithstanding  its  shackles, 
began  to  disseminate  them ;  conversation  assumed  new  freedoms  ; 
Politics  became  the  theme  of  all  societies,  male  and  female,  and 
a  very  extensive  and  zealous  party  was  formed,  which  acquired 
the  appellation  of  the  Patriotic  party,  who,  sensible  of  the  abusive 
government  under  which  they  lived,  sighed  for  occasions  of  re- 
forming it.  This  party  comprehended  all  the  honesty  of  the  king- 
dom, sufficiently  at  leisure  to  think,  the  men  of  letters,  the  easy 
Burgeois,  the  young  nobility,  partly  from  reflection,  partly  from 
mode  ;  for  these  sentiments  became  matter  of  mode,  and  as  such, 
united  most  of  the  young  women  to  the  party.  Happily  for  the 
nation,  it  happened,  at  the  same  moment,  that  the  dissipations  of  the 
Queen  and  court,  the  abuses  of  the  pension-list,  and  dilapidations 
in  the  administration  of  every  branch  of  the  finances,  had  ex- 
hausted the  treasures  and  credit  of  the  nation,  insomuch,  that  its 
most  necessary  functions  were  paralyzed.  To  reform  these  abuses 
would  have  overset  the  Minister ;  to  impose  new  taxes  by  the  au- 
thority of  the  King,  was  known  to  be  impossible,  from  the  deter- 
mined opposition  of  the  Parliament  to  their  enregistry.  No  re- 
source remained  then,  but  to  appeal  to  the  nation.  He  advised 
therefore,  the  call  of  an  Assembly  of  the  most  distinguished  cha- 
racters of  the  nation,  in  the  hope,  that,  by  promises  of  various  and 
valuable  improvements  in  the  organization  and  regimen  of  the  go- 
vernment, they  would  be  induced  to  authorise  new  taxes,  to  con- 
trol the  opposition  of  the  Parliament,  and  to  raise  the  annual 
revenue  to  the  level  of  expenditures.  An  Assembly  of  Notables 
therefore,  about  one  hundred  and  fifty  in  number,  named  by  the 


57 

King,  convened  on  the  22nd  of  February.  The  Minister,  (Calonne) 
stated  to  them,  that  the  annual  excess  of  expenses  beyond  tlie  re- 
venue, when  Louis  XVI.  came  to  the  throne,  was  thirty-seven 
millions  of  livres ;  that  four  hundred  and  forty  millions  had  been 
borrowed  to  re-establish  the  navy ;  that  the  American  war  had  cost 
them  fourteen  hundred  and  forty  millions,  (two  hundred  and  fifty- 
six  millions  of  dollars)  and  that  the  interest  of  these  sums,  with 
other  increased  expenses,  had  added  forty  millions  more  to  the 
annual  deficit.  (But  a  subsequent  and  more  candid  estimate  made 
it  fifty-six  millions.)  He  proffered  them  an  universal  redress 
of  grievances,  laid  open  those  grievances  fully,  pointed  out  sound 
remedies,  and,  covering  his  canvass  with  objects  of  tliis  magnitude, 
the  deficit  dwindled  to  a  litde  accessory,  scarcely  attracting  atten- 
tion. The  persons  chosen,  were  the  most  able  and  independent 
characters  in  the  kingdom,  and  their  support,  if  it  could  be  ob- 
tained, would  be  enough  for  him.  They  improved  the  occasion 
for  redressnig  their  grievances,  and  agreed  that  the  public  wants 
should  be  relieved  ;  but  went  into  an  examination  of  the  causes  of 
them.  It  was  supposed  that  Colonne  was  conscious  that  his  ac- 
counts could  not  bear  examination ;  and  it  was  said,  and  believed, 
that  he  asked  of  the  King,  to  send  four  members  to  the  Bastile,  of 
whom  the  Marquis  de  la  Fayette  was  one,  to  banish  twenty  others, 
and  two  of  his  Ministers.  The  King  found  it  shorter  to  banish 
him.  His  successor  went  on  in  full  concert  with  the  Assembly. 
The  result  was  an  augmentation  of  the  revenue,  a  promise  of 
economies  in  its  expenditure,  of  an  annual  settlement  of  the  pub- 
lic accounts  before  a  council,  which  the  Comptroller,  having  been 
heretofore  obliged  to  settle  only  with  the  King  in  person,  of  course 
never  settled  at  all ;  an  acknowledgment  that  the  King  could  not 
lay  a  new  tax,  a  reformation  of  the  Criminal  laws,  abolition  of  tor- 
ture, suppression  of  corvees,  reformation  of  the  gabelles,  removal 
of  the  interior  Custom  Houses,  free  commerce  of  grain,  internal 
and  external,  and  the  establishment  of  Provincial  Assemblies; 
which,  altogether,  constituted  a  great  mass  of  improvement  in  the 
condition  of  the  nation.  The  establishment  of  the  Provincial  As- 
semblies was,  in  itself,  a  fundamental  improvement.  They  would 
be  of  the  choice  of  the  people,  one  third  renewed  every  year,  in 
those  provinces  where  there  are  no  states,  that  is  to  say,  over 
about  three  fourths  of  the  kingdom.  They  would  be  partly  an 
Executive  themselves,  and  partly  an  Executive  Council  to  the  In- 
tendant,  to  whom  the  Executive  power,  in  his  province,  had  been 
heretofore  entirely  delegated.  Chosen  by  the  people,  they  would 
soften  the  execution  of  hard  laws,  and,  having  a  right  of  represen- 
tation to  the  King,  they  would  censure  bad  laws,  suggest  good  ones, 

VOL.  1.  8 


58 

expose  abuses,  and  their  representations,  when  united,  would  com- 
mand respect.  To  the  other  advantages,  might  be  added  the 
precedent  itself  of  calling  the  Assemblee  des  Notables,  which  would 
perhaps  grow  into  habit.  The  hope  was,  that  the  improvements 
thus  promised  would  be  carried  into  effect ;  that  they  would  be 
maintained  during  the  present  reign,  and  that  that  would  be  long 
enough  for  them  to  take  some  root  in  the  constitution,  so  that  they 
might  come  to  be  considered  as  a  part  of  that,  and  be  protected  by 
time,  and  the  attachment  of  the  nation. 

The  Count  de  Vergennes  had  died  a  few  days  before  the 
meeting  of  the  Assembly,  and  the  Count  de  Montmorin  had  been 
named  minister  of  foreign  affairs,  in  his  place.  Villedeuil  succeed- 
ed Calonne,  as  Comptroller  General,  and  Lomenie  de  Bryenne, 
Archbishop  of  Thoulouse,  afterwards  of  Sens,  and  ultimately  Car- 
dinal Lomenie,  was  named  Minister  principal,  with  whom  the  other 
Ministers  were  to  transact  the  business  of  their  departments,  here- 
tofore done  with  the  King  in  person  ;  and  tlie  Duke  de  Nivernois, 
and  M.  de  Malesherbes,  were  called  to  the  Council.  On  the  no- 
mination of  the  Minister  principal,  the  Marshals  de  Segur  and  de 
Castries  retired  from  the  departments  of  War  and  Marine,  untvil- 
ling  to  act  subordinately,  or  to  share  the  blame  of  proceedings 
taken  out  of  their  direction.  They  were  succeeded  by  the  Count 
de  Brienne,  brother  of  the  Prime  Minister,  and  the  Marquis  de  la 
Luzerne,  brother  to  him  who  had  been  Minister  in  the  United 
States. 

A  dislocated,  wrist,  unsuccessfully  set,  occasioned  advice  from 
my  surgeon,  to  try  the  mineral  waters  of  Aix,  in  Provence,  as  a 
corroborant.  I  left  Paris  for  that  place  therefore,  on  the  28tli  of 
February,  and  proceeded  up  the  Seine,  through  Champagne  and 
Burgundy,  and  down  the  Rhone  through  the  Beaujolais  by  Lyons, 
Avignon,  Nismes  to  Aix ;  where,  finding  on  trial  no  benefit  from 
the  waters,  I  concluded  to  visit  the  rice  country  of  Piedmont,  to 
see  if  any  thing  might  be  learned  there,  to  benefit  the  rivalship  of 
our  Carolina  rice  with  that,  and  thence  to  make  a  tour  of  the  sea- 
port towns  of  France,  along  its  Southern  and  Western  coast,  to  in- 
form myself,  if  any  thing  could  be  done  to  favor  our  commerce 
with  them.  From  Aix,  therefore,  I  took  my  route  by  Marseilles, 
Toulon,  Hieres,  Nice,  across  the  Col  de  Tende,  by  Coni,  Turin, 
Vercelli,  Novara,  Milan,  Pavia,  Novi,  Genoa.  Thence,  returning 
along  the  coast  by  Savona,  Noli,  Albenga,  Oneglia,  Monaco,  Nice, 
Antibes,  Frejus,  Aix,  Mars«illes,  Avignon,  Nismes,  Montpellier, 
Frontignan,  Cette,  Agde,  and  along  the  canal  of  Languedoc,  by 
Bezieres,  Narbonne,  Cascassonne,  Castelnaudari,  through  the 
Souterrain  of  St^  Feriol,  and  back  by  Castelnaudari,  to  Toulouse ; 


59 

thence  to  Montauban,  and  down  the  Garonne  by  Langon  to  Bor- 
deaux. Thence  to  Rochefort,  la  Rochelle,  Nantes,  L'Orient ; 
then  back  by  Rennes  to  Nantes,  and  up  the  Loire  by  Angers, 
Tours,  Amboise,  Blois  to  Orleans,  thence  direct  to  Paris,  where  I 
arrived  On  the  10th  of  June.  Soon  after  my  return  from  this 
journey,  to  wit,  about  the  latter  part  of  July,  I  received  my  younger 
daughter  Maria,  from  Virginia,  by  the  way  of  London,  the  young- 
est having  died  some  time  before. 

The  treasonable  perfidy  of  the  Prince  of  Orange,  Stadtholder 
and  Captain  General  of  the  United  Netherlands,  in  the  war  which 
England  waged  against  them,  for  entering  into  a  treaty  of  com- 
merce with  the  United  States,  is  known  to  all.  As  their  Execu- 
tive officer,  charged  with  the  conduct  of  the  w^ar,  he  contrived  to 
baffle  all  the  measures  of  the  States  General,  to  dislocate  all  their 
military  plans,  and  played  false  into  the  hands. of  England  against 
his  own  country,  on  every  possible  occasion,  confident  in  her  pro- 
tection, and  in  that  of  the  King  of  Prussia,  brother  to  his  Princess. 
The  States  General,  indignant  at  this  patricidal  conduct,  applied  to 
France  for  aid,  according  to  the  stipulations  of  the  treaty,  conclud- 
ed with  her  in  '85.  It  was  assured  to  them  readily,  and  in  cordial 
terms,  in  a  letter  from  the  Count  de  Vergennes,  to  the  Marquis  de 
Verac,  Ambassador  of  France  at  the  Hague,  of  which  the  follow- 
ing is  an  extract. 

*  Extrait  de  la  depeche  de  Monsieur  le  Comte  de  Vergennes  a 
Monsieur  le  Marquis  de  Verac,  Ambassadeur  de  France  a  la  Haye, 
du  ler  Mars,  1786. 

Le  Roi  concourrera,  autant  qu'  il  sera  en  son  pouvoir,  au  succes 
de  la  chose,  et  vous  inviterez,  de  sa  part,  les  patriotes  de  lui  com- 
muniquer  leurs  vues,  leurs  plans,  et  leurs  envieux.  Vous  les 
assurerez,  que  le  roi  prend  un  interet  veritable  a  leurs  personnes 
comme  a  leur  cause,  et  qu'  ils  peuvent  compter  sur  sa  protection, 
lis  doivent  y  compter  d'  autant  plus.  Monsieur,  que  nous  ne  dissi- 
mulons  pas,  que  si  Monsieur  le  Stadhoulder  reprend  son  ancienne 
influence,  le  systeme  Anglois  ne  tardera  pas  de  prevaloir,  et  que 
notre  alliance  deviendroit  un  etre  de  raison.  Les  Patriotes  sen- 
tiront  facilement,  que  cette  position  seroit  incompatible  avec  la 
dignite,  comme  avec  la  consideration  de  sa  majeste.  Mais  dans 
le  cas.  Monsieur,  ou  les  chefs  des  Patriotes  auroient  a  craindre 
une  scission,  ils  auroient  le  temps  suffisant  pour  ramener  ceux  de 
leurs  amis,  que  les  Anglomanes  ont  egares,  et  preparer  les  choses, 
de  maniere  que  la  question  de  nouveau  mise  en  deliberation,  soit 
decidee  selon  leurs  desirs.  Dans  cette  hypothese,  le  roi  vous 
autorise  a  agir  de  concert  avec  eux,  de  suivre  la  direction  qu' 
ils  jugeront  devoir  vous  donner,  et  d'  employer  tons  les  moyens 


60 

pour  augmenter  le  nombre  des  partisans  de  la  bonne  cause.  II 
me  reste,  Monsieur,  de  vous  parler  de  la  surele  personelle  des 
Patriotes.  Vous  les  assurerez,  que  dans  tout  etat  de  cause,  le  roi 
les  prend  sous  sa  protection  immediate,  et  vous  ferez  connoitre, 
partout  ou  vous  le  jugerez  necessaire,  que  sa  Majeste  regarderoit 
comme  une  offense  personnelle,  tout  ce  qu'  on  entreprenderoit 
contre  leur  liberte.  II  est  a  presumer  que  ce  langage,  tenu  avec 
energie,  en  imposera  a  Paudace  des  Anglomanes,  et  que  Monsieur 
le  Prince  de  Nassau  croira  courir  quelque  risque  en  provoquant 
le  ressentiment  de  sa  Majeste.'* 

This  letter  was  communicated  by  the  Patriots  to  me,  when  at 
Amsterdam,  in  1788,  and  a  copy  sent  by  me  to  Mr.  Jay,  in  my 
letter  to  him  of  March  16,  1788. 

The  object  of  the  Patriots  w^as,  to  establish  a  representative  and 
republican  government.  The  majority  of  the  States  General  were 
with  them,  but  the  majority  of  the  populace  of  the  towns  was  with 
the  Prince  of  Orange  ;  and  that  populace  was  played  off  with  great 
effect,  by  the  triumvirate  of  *  *  *  Harris,  the  English  Ambassador, 
afterwards  Lord  Malmesbury,  the  Prince  of  Orange,  a  stupid 
man,  and  the  Princess  as  much  a  man  as  either  of  her  colleagues, 
in  audaciousness,  in  enterprize,  and  in  the  thirst  of  domination. 
By  these,  the  mobs  of  the  Hague  were  excited  against  the  mem- 
bers of  the  States  General ;  their  persons  were  insulted,  and  en- 
dangered in  the  streets;  the  sanctuary  of  their  houses  was  violated  ; 

[*  Extract  from  the  despatch  of  the  Count  de  Vergennes,  to  the  Marquis  de 
Verac,  Ambassador  from  France,  at  the  Hague,  dated  March  1,  1786. 
*  The  King  will  give  his  aid,  as  far  as  may  be  in  his  power,  towards  the  suc- 
cess of  the  affair,  and  will,  on  his  part,  invite  the  Patriots  to  communicate  to 
him  their  views,  their  plans,  and  their  discontents.  You  may  assure  them  that  the 
King  takes  a  real  interest  in  themselves,  as  well  as  their  cause,  and  that  they 
may  rely  upon  his  protection.  On  this  they  may  place  the  greater  depend- 
ance,  as  we  do  not  conceal,  that  if  the  Stadtholder  resumes  his  former  influ- 
ence, the  English  System  will  soon  prevail,  and  our  alliance  become  a  mere 
affair  of  the  imagination.  The  Patriots  will  readily  feel,  that  this  position 
would  be  incompatible  both  with  the  dignity  and  consideration  of  his  Majesty. 
But  in  case  the  chief  of  the  Patriots  should  have  to  fear  a  division,  they  would 
have  time  sufficient  to  reclaim  those  whom  the  Anglomaniacs  had  misled,  and  to 
prepare  matters  in  such  a  manner,  that  the  question  when  again  agitated,  might 
be  decided  according  to  their  wishes.  In  such  a  hypothetical  case,  the  King 
authorizes  you  to  act  in  concert  with  them,  to  pursue  the  direction  which  they 
may  think  proper  to  give  you,  and  to  employ  every  means  to  augment  the  num- 
ber of  the  partisans  of  the  good  cause.  It  remains  for  me  to  speak  of  the  per- 
sonal security  of  the  Patriots.  You  may  assure  them,  that  under  every  circum- 
stance, the  King  will  take  them  under  his  immediate  protection,  and  you  will 
make  known  wherever  you  may  judge  necessary,  that  his  Majesty  will  regard, 
as  a  personal  offence,  every  undertaking  against  their  liberty.  It  is  to  be  pre- 
sumed that  this  language,  energetically  maintained,  may  have  some  effect  on 
the  audacity  of  the  Anglomaniacs,  and  "that  the  Prince  de  Nassau  will  feel  that 
he  runs  some  risk  in  provoking  the  resentment  of  his  Majesty.'] 


01  .  * 

and  the  Princ^  whose  function  and  duty  it  was  to  repress  and 
punish  these  violations  of  order,  took  no  steps  for  that  purpose. 
The  States  General,  for  tlieir  own  protection,  were  therefore 
obliged  to  place  their  militia  under  the  command  of  a  Committee. 
The  Prince  filled  the  courts  of  London  and  Berhn  with  complaints 
at  this  usurpation  of  his  prerogatives,  and,  forgetting  that  he  was 
but  the  first  servant  of  a  Republic,  marched  his  regular  troops 
against  tlie  city  of  Utrecht,  where  the  States  were  in  session.  They 
were  repulsed  by  the  militia.  His  interests  now  became  marshal- 
ed with  diose  of  the  public  enemy,  and  against  his  own  country. 
The  States,  therefore,  exercising  their  rights  of  sovereignty,  de- 
prived him  of  all  his  powers.  The  great  Frederic  had  died  in 
August,  '86.  He  had  never  intended  to  break  with  France  in 
support  of  the  Prince  of  Orange.  During  the  illness  of  which  he 
died,  he  had,  through  the  Duke  of  Brunswick,  declared  to  the 
Marquis  de  La  Fayette,  who  was  then  at  Berlin,  that  he  meant 
not  to  support  the  English  interest  in  Holland  :  that  he  might  as- 
sure die  government  of  France,  his  only  wish  was,  that  some  ho- 
norable place  in  the  Constitution  should  be  reserved  for  the  Stadt- 
holder  and  his  children,  and  that  he  would  take  no  part  in  the 
quarrel,  unless  an  entire  abolition  of  the  Stadtholderate  should  be 
attempted.  But  his  place  was  now  occupied  by  Frederic  William, 
his  great  nephew,  a  man  of  litde  understanding,  much  caprice,  and 
very  inconsiderate  :  and  the  Princess,  his  sister,  although  her  hus- 
band was  in  arms  against  the  legitimate  authorities  of  the  country, 
attempting  to  go  to  Amsterdam,  for  tlie  purpose  of  exciting  the 
mobs  of  that  place,  and  being  refused  permission  to  pass  a  military 
post  on  the  way,  he  put  the  Duke  of  Brunswick  at  the  head  of 
twenty  thousand  men,  and  made  demonstrations  of  marching  on 
Holland.  The  King  of  France  hereupon  declared,  by  his  Charge 
des  Affaires  in  Holland,  that  if  the  Prussian  troops  continued  to 
menace  Holland  with  an  invasion,  his  Majesty,  in  quality  of  Ally, 
was  determined  to  succor  that  province.  In  answer  to  this,  Eden 
gave  official  information  to  Count  Montmorin,  tliat  England  must 
consider  as  at  an  end,  its  convention  widi  France  relative  to  giving 
notice  of  its  naval  armaments,  and  that  she  was  arming  generally. 
War  being  now  imminent,  Eden,  since  Lord  Aukland,  questioned 
me  on  the  effect  of  our  treaty  with  Fr^mce,  in  the  case  of  a  war, 
and  what  might  be  our  dispositions.  I  told  him  frankly,  and  with- 
out hesitation,  that  our  dispositions  would  be  neutral,  and  diat  1 
thought  it  would  be  die  interest  of  both  diese  powers  that  "we  should 
be  so ;  because,  it  would  relieve  both  from  all  anxiety  as  to  feed- 
ing their  West  India  islands  ;  that  England,  too,  by  suffering  us  to 
remain  so,  would  avoid  a  heavy  land  war  on  our  Continent,  which 


might  very  much  cripple  her  proceedings  elsewhere ;  that  our  treaty, 
indeed,  obliged  us  to  receive  into  our  ports  the  armed  vessels  of 
France,  with  their  prizes,  and  to  refuse  admission  to  the  prizes 
made  on  her  by  her  enemies :  that  there  was  a  clause,  also,  by 
which  we  guarantied  to  France  her  American  possessions,  which 
might  perhaps  force  us  into  the  war,  if  these  were  attacked.' 
'  Then  it  will  be  war,'  said  he,  '  for  they  will  assuredly  be  attack- 
ed.' Liston,  at  Madrid,  about  the  same  time,  made  the  same  en- 
quiries of  Carmichael.  The  government  of  France  then  declared 
a  determination  to  form  a  camp  of  observation  at  Givet,  commen- 
ced arming  her  marine,  and  named  the  Bailli  de  Suffrein  their 
Generalissimo  on  the  Ocean.  She  secretly  engaged,  also,  in  ne- 
gotiations with  Russia,  Austria  and  Spain,  to  form  a  quadruple  al- 
liance. The  Duke  of  Brunswick  having  advanced  to  the  confines 
of  Holland,  sent  some  of  his  officers  to  Givet,  to  reconnoitre  the 
state  of  things  there,  and  report  them  to  him.  He  said  afterwards, 
that  '  if  there  had  been  only  a  few  tents  at  that  place,  he  should 
not  have  advanced  further,  for  that  the  King  would  not,  merely  for 
the  interest  of  his  sister,  engage  in  a  war  with  France.'  But,  find- 
ing that  there  was  not  a  single  company  tliere,  he  boldly  entered 
the  country,  took  tiieir  towns  as  fast  as  he  presented  himself  be- 
fore them,  and  advanced  on  Utrecht.  The  States  had  appointed 
the  Rhingrave  of  Salm  their  Commander  in  chief;  a  Prince  without 
talents,  without  courage,  and  without  principle.  He  might  have 
held  out  in  Utrecht,  for  a  considerable  time,  but  he  surrendered 
the  place  without  firing  a  gun,  literally  ran  away  and  hid  himself, 
so  that  for  months  it  was  not  known  what  was  become  of  him. 
Amsterdam  was  then  attacked,  and  capitulated.  In  the  mean  time, 
the  negotiations  for  the  quadruple  alliance  were  proceeding  favor- 
ably ;  but  the  secrecy  with  which  they  were  attempted  to  be  con- 
ducted, was  penetrated  by  Fraser,  Charge  des  Affaires  of  England 
at  St.  Petersburg,  who  instantly  notified  his  court,  and  gave  the 
alarm  to  Prussia.  The  King  saw  at  once  what  would  be  his  situ- 
ation, between  the  jaws  of  France,  Austria,  and  Russia.  In  great 
dismay,  he  besought  the  court  of  London  not  to  abandon  him,  sent 
Alvensleben  to  Paris  to  explain  and  sooth  ;  and  England,  through 
the  Duke  of  Dorset  and  Eden,  renewed  her  conferences  for  ac- 
commodation. The  Archbishop,  who  shuddered  at  the  idea  of 
war,  and  preferred  a  peaceful  surrender  of  right,  to  an  armed  vin- 
dication .of  it,  received  them  with  open  arms,  entered  into  cordial 
conferences,  and  a  declaration,  and  counter-declaration,  were  cook- 
ed up  at  Versailles,  and  sent  to  London  for  approbation.  They 
were  approved  there,  reached  Paris  at  one  o'clock  of  the  27th, 
and  were  signed  that  night  at  Versailles.    It  was  said  and  believed 


63 

at  Paris,  that  M.  de  Montmorin,  literally  '  pleuroit  comme  uir 
enfant,'  when  obliged  to  sign  this  counter-declaration ;  so  distress- 
ed was  he  by  the  dishonor  of  sacrificing  the  Patriots,  after  assu- 
rances so  solemn  of  protection,  and  absolute  encouragement  to  pro- 
ceed. The  Prince  of  Orange  was  reinstated  in  all  his  powers, 
now  become  regal.  A  great  emigration  of  the  Patriots  took  place  ; 
all  were  deprived  of  office,  many  exiled,  and  their  property  con- 
fiscated. They  were  received  in  France,  and  subsisted,  for  some 
time,  on  her  bounty.  Thus  fell  Holland,  by  the  treachery  of  her 
Chief,  from  her  honorable  independence,  to  bacome  a  province  of 
England ;  and  so,  also,  her  Stadtholder,  from  the  high  station  of  the 
first  citizen  of  a  free  Republic,  to  be  die  servile  Viceroy  of  a  foreign 
Sovereign.  And  this  was  effected  by  a  mere  scene  of  bullying 
and  demonstration ;  not  one  of  the  parties,  France,  England,  or 
Prussia,  having  ever  really  meant  to  encounter  actual  war  for  the 
interest  of  the  Prince  of  Orange.  But  it  had  all  the  effect  of  a 
real  and  decisive  war. 

Our  first  essay,  in  America,  to  establish  a  federative  government 
had  fallen,  on  trial,  very  short  of  its  object.  During  the  war  of 
Independence,  while  the  pressure  of  an  external  enemy  hooped  us 
together,  and  their  enterprizes  kept  us  necessarily  on  the  alert,  the 
spirit  of  the  people,  excited  by  danger,  was  a  supplement  to  the 
Confederation,  and  urged  them  to  zealous  exertions,  whether 
claimed  by  that  instrument  or  not ;  but,  when  peace  and  safety 
were  restored,  and  every  man  became  engaged  in  useful  and  pro- 
fitable occupation,  less  attention  was  paid  to  the  calls  of  Congress. 
The  fundamental  defect  of  the  Confederation  was,  that  Congress 
was  not  authorised  to  act  immediately  on  the  people,  and  by  its. 
own  officers.  Their  power  was  only  requisitory,  and  these  requi- 
sitions were  addressed  to  the  several  Legislatures,  to  be  by  them 
carried  into  execution,  without  other  coercion  than  the  moral  prin- 
ciple of  duty.  This  allowed,  in  fact,  a  negative  to  every  Legisla- 
ture, on  every  measure  proposed  by  Congress ;  a  negative  so  fre- 
quently exercised  in  practice,  as  to  benumb  the  action  of  the  Fe- 
deral government,  and  to  render  it  inefficient  in  its  general  objects,, 
and  more  especially  in  pecuniary  and  foreign  concerns.  The 
want,  too,  of  a  separation  of  the  Legislative,  Executive  and  Judi- 
ciary functions,  worked  disadvantageously  in  practice.  Yet  this 
state  of  things  afforded  a  happy  augury  of  the  future  march  of  our 
Confederacy,  when  it  was  seen  that  the  good  sense  and  good  dis- 
positions of  the  people,  as  soon  as  they  perceived  the  incompe- 
tence of  their  first  compact,  instead  of  leaving  its  correction  to  in- 
surrection and  civil  war,  agreed,  with  one  voice,  to  elect  deputies 
to  a  general  Convention,  who  should  peaceably  meet  and  agree  on 


64 

such  a  Constitution  as  *  would  ensure  peace,  justice,  liberty,  the 
common  defence  and  general  welfare.' 

This  Convention  met  at  Philadelphia  on  the  25th  of  May,  '87. 
It  sat  with  closed  doors,  and  kept  all  its  proceedings  secret,  until 
its  dissolution  on  the  17th  of  September,  when  the  results  of  its 
labors  were  published  all  together.  I  received  a  copy,  early  in 
November,  and  read  and  contemplated  its  provisions  with  great 
satisfaction.  As  not  a  member  of  the  Convention,  however,  nor 
probably  a  single  citizen  of  the  Union,  had  approved  it  in  all  its 
parts,  so  I,  too,  fou»d  articles  which  I  thought  objectionable.  The 
absence  of  express  declarations  ensuring  freedom  of  religion,  free- 
dom of  the  press,  freedom  of  tlie  person  under  the  uninterrupted 
protection  of  the  Habeas  corpus,  and  trial  by  jury  in  Civil,  as  well 
as  in  Criminal  cases,  excited  my  jealousy  ;  and  the  re-eligibility 
of  the  President  for  life,  I  quite  disapproved.  I  expressed  freely, 
in  letters  to  my  friends,  and  most  particularly  to  Mr.  Madison  and 
General  Washington,  my  approbations  and  objections.  How  the 
good  should  be  secured,  and  the  ill  brought  to  rights,  was  the  dif- 
ficulty. To  refer  it  back  to  a  new  Convention,  might  endanger 
the  loss  of  the  whole.  My  first  idea  was,  that  the  nine  states  first 
acting,  should  accept  it  unconditionally,  and  thus  secure  what  in  it 
was  good,  and  that  the  four  last  should  accept  on  the  previous 
condition,  that  certain  amendments  should  be  agreed  to  ;  but  a  bet- 
ter course  was  devised,  of  accepting  the  whole,  and  trusting  that 
the  good  sense  and  honest  intentions  of  our  citizens,  would  make 
the  alterations  which  should  be  deemed  necessary.  Accordingly, 
all  accepted,  six  without  objection,  and  seven  with  recommenda- 
tions of  specified  amendments.  Those  respecting  the  press,  reli- 
gion, and  juries,  with  several  others,  of  great  value,  were  accord- 
ingly made  ;  but  the  Habeas  corpus  was  left  to  the  discretion  of 
Congress,  and  the  amendment  against  the  re-eligibility  of  the  Pre- 
sident was  not  proposed.  My  fears  of  that  feature  were  founded 
on  the  importance  of  the  office,  on  the  fierce  contentions  it  might 
excite  among  ourselves,  if  confinuable  for  life,  and  the  dangers  of 
interference,  either  with  money  or  arms,  by  foreign  nations,  to 
whom  the  choice  of  an  American  President  might  become  inte- 
resting. Examples  of  this  abounded  in  history ;  in  the  case  of  the 
Roman  Emperors,  for  instance  ;  of  the  Popes  while  of  any  signifi- 
cance ;  of  the  German  Emperors ;  the  Kings  of  Poland,  and  the 
Deys  of  Barbary.  I  had  observed,  too,  in  the  feudal  history,  and 
in  die  recent  instance,  particularly,  of  the  Stadtholder  of  Holland, 
how  easily  offices,  or  tenures  for  Hfe,  slide  into  inheritances.  My 
wish,  therefore,  was  that  the  President  should  be  elected  for  seven 
years,  and  be  ineligible  afterwards.     This  term  I  thought  suffi- 


65 

cient  to  enable  him,  with  the  concurrence  of  the  Legislature,  to 
carry  through  and  establish  any  system  of  improvement  he  should 
propose  for  the  general  good.  But  the  practice  adopted,  I  think, 
is  better,  allowing  his  continuance  for  eight  years,  with  a  liability 
to  be  dropped  at  half  way  of  the  term,  making  that  a  period  of  pro- 
bation. That  his  continuance  should  be  restrained  to  seven  years, 
was  the  opinion  of  the  Convention  at  an  earlier  stage  of  its  session, 
when  it  voted  that  term,  by  a  majority  of  eight  against  two,  and  by 
a  simple  majority,  diat  he  should  be  ineligible  a  second  time.  This 
opinion  was  confirmed  by  the  House  so  late  as  July  26,  referred 
to  tlie  Committee  of  detail,  reported  favorably  by  them,  and 
changed  to  the  present  form  by  final  vote,  on  the  last  day,  but  one 
only,  of  their  session.  Of  this  change,  three  states  expressed  their 
disapprobation ;  New  York,  by  recommending  an  amendment,  that 
the  President  should  not  be  eligible  a  third  time,  and  Virginia  and 
North  Carolina,  tliat  he  should  not  be  capable  of  serving  more  than 
eight,  in  any  term  of  sixteen  years ;  and  although  this  amendment 
has  not  been  made  in  form,  yet  practice  seems  to  have  established 
it.  The  example  of  four  Presidents,  voluntarily  retiring  at  the 
end  of  their  eighth  year,  and  tlie  progress  of  public  opinion,  that  the 
principle  is  salutary,  have  given  it  in  practice,  the  force  of  prece- 
dent and  usage ;  insomuch,  that  should  a  President  consent  to  be 
a  candidate  for  a  third  election,  I  trust  he  would  be  rejected,  on 
this  demonstration  of  ambitious  views. 

But  there  was  another  amendment,  of  which  none  of  us  thought 
at  the  time,  and  in  the  omission  of  which,  lurks  the  germ  that  is 
to  destroy  this  happy  combination  of  National  powers,  in  the  Gene- 
ral government,  for  matters  of  National  concern,  and  independent 
powers  in  the  States,  for  what  concerns  the  States  severally.  In 
England,  it  was  a  great  point  gained  at  the  Revolution,  that  the 
commissions  of  the  Judges,  which  had  hitherto  been  during  plea- 
sure, should  thenceforth  be  made  during  good  behavior.  A  Judi- 
ciary, dependant  on  the  will  of  the  King,  had  proved  itself  the 
most  oppressive  of  all  tools,  in  the  hands  of  that  Magistrate.  No- 
thing, then,  could  be  more  salutary,  than  a  change  there,  to  the 
tenure  of  good  behavior  ;  and  the  question  of  good  behavior,  left 
to  the  vote  of  a  simple  majority  in  the  two  Houses  of  Parliament. 
Before  the  Revolution,  we  were  all  good  English  Whigs,  cordial 
in  their  free  principles,  and  in  their  jealousies  of  their  Executive 
Magistrate.  These  jealousies  are  very  apparent,  in  all  our  state 
Constitutions  ;  and,  in  the  General  government  in  this  instance,  we 
have  gone  even  beyond  the  English  caution,  by  requiring  a  vote 
of  two  thirds,  in  one  of  the  Houses,  for  removing  a  Judge  ;  a  vote 

VOL.    I.  9 


m 

so  impossible,  where*  any  defence  is  made,  before  men  of  ordi- 
nary prejudices  and  passions,  that  our  Judges  are  effectually  inde- 
pendent of  the  nation.  But  this  ought  not  to  be.  I  would  not, 
indeed,  make  them  dependant  on  the  Executive  authority,  as  they 
formerly  were  in  England  ;  but  I  deem  it  indispensable  to  the  con- 
tinuance of  this  government,  that  they  should  be  submitted  to  some 
practical  and  impartial  control ;  and  that  this,  to  be  impartial,  must 
be  compounded  of  a  mixture  of  State  and  Federal  authorities.  It 
is  not  enough  that  honest  men  are  appointed  Judges.  All  know 
the  influence  of  interest  on  the  mind  of  man,  and  how  uncon- 
sciously his  judgment  is  warped  by  that  influence.  To  this  bias 
add  that  of  the  esprit  de  corps,  of  their  peculiar  maxim  and  creed 
that  '  it  is  the  office  of  a  good  Judge  to  enlarge  his  jurisdiction,' 
and  the  absence  of  responsibility ;  and  how  can  we  expect  impar- 
tial decision  between  the  General  government,  of  which  they  are 
themselves  so  eminent  a  part,  and  an  individual  state,  from  which 
they  have  nothing  to  hope  or  fear  ?  We  have  seen,  too,  that,  con- 
trary to  all  correct  example,  they  are  in  the  habit  of  going  out  of 
the  question  before  them,  to  throw  an  anchor  ahead,  and  grapple 
further  hold  for  future  advances  of  power.  They  are  then,  in  fact, 
the  corps  of  sappers  and  miners,  steadily  working  to  undermine  the 
independent  rights  of  the  states,  and  to  consolidate  all  power  in  the 
hands  of  that  government,  in  which  they  have  so  important  a  free- 
^  hold  estate./  But  it  is  not  by  the  consolidation,  or  concentration 
I  of  powers,  tut  by  their  distribution,  tliat  good  government  is  ef- 
\fected.  Were  not  this  great  country  already  divided  into  states, 
that  division  must  be  made,  that  each  might  do  for  itself  what  con- 
cerns itself  directly,  and  what  it  can  so  much  better  do  than  a  dis- 
tant authority.  Every  state  again  is  divided  into  counties,  each 
to  take  care  of  what  lies  within  its  local  bounds;  each  county  again 
into  townships  or  wards,  to  manage  minuter  details ;  and  every 
ward  into  farms,  to  be  governed  each  by  its  individual  proprie- 
l')tor.  Were  we  directed  from  Washington  when  to  sow,  and  when 
rjto  reap,  we  should  soon  want  bread.  It  is  by  this  partition  of 
*  cares,  descending  in  gradation  from  general  to  particular,  that  the 
mass  of  human  affairs  may  be  best  managed,  for  the  good  and 
prosperity  of  alL>  I  repeat,  that  I  do  not  charge  the  judges  with 
wilful  and  ill-intentioned  error ;  but  honest  error  must  be  arrested, 
where  its  toleration  leads  to  public  ruin.  As,  for  the  safety  of  so- 
ciety, we  commit  honest  maniacs  to  Bedlam,  so  judges  should  be 

In  the  impeachment  of  Judge  Pickering,  of  New  Hampshire,  a  habitual 
and  maniac  drunkard,  no  defence  was  made.  Had  there  been,  the  party  vote 
of  more  than  one  third  of  the  Senate  would  have  acquitted  him. 


67 

withdrawn  from  their  bench,  whose  erroneous  biases  are  leading  us 
to  dissolution.  It  may,  indeed,  injure  them  in  fame  or  in  fortune  ; 
but  it  saves  the  Republic,  which  is  the  first  and  supreme  law. 

Among  tlie  debilities  of  the  government  of  the  Confederation, 
no  one  was  more  distinguished  or  more  distressing,  than  the  utter 
impossibility  of  obtaining,  from  the  States,  the  monies  necessary 
for  the  payment  of  debts,  or  even  for  the  ordinary  expenses  of  the 
government.  Some  contributed  a  little,  some  less,  and  some 
nothing ;  and  the  last,  furnished  at  length  an  excuse  for  the  first, 
to  do  nothing  also.  Mr.  Adams,  while  residing  at  the  Hague, 
had  a  general  authority  to  borrow  what  sums  might  be  requisite, 
for  ordinary  and  necessary  expenses.  Interest  on  the  public  debt, 
and  the  maintenance  of  the  diplomatic  establishment  in  Europe, 
had  been  habitually  provided  in  this  way.  He  was  now  elected 
Vice  President  of  the  United  States,  was  soon  to  return  to  Ame- 
rica, and  had  referred  our  bankers  to  me  for  future  counsel,  on 
our  affairs  in  their  hands.  But  I  had  no  powers,  no  instructions, 
no  means,  and  no  familiarity  with  the  subject.  It  had  always 
been  exclusively  under  his  management,  except  as  to  occasional 
and  partial  deposites  in  the  hands  of  Mr.  Grand,  banker  in  Paris, 
for  special  and  local  purposes.  These  last  had  been  exhausted 
for  some  time,  and  I  had  fervently  pressed  the  Treasuiy  board  to 
replenish  this  particular  deposite,  as  Mr.  Grand  now  refused  to 
make  further  advances.  They  answered  candidly,  that  no  funds 
could  be  obtained  until  the  new  government  should  get  into  action, 
and  have  time  to  make  its  arrangements.  Mr.  Adams  had  re- 
ceived his  appointment  to  the  court  of  London,  while  engaged  at 
Paris,  with  Dr.  Franklin  and  myself,  in  the  negotiations  under  our 
joint  commissions.  He  had  repaired  thence  to  London,  without 
returning  to  the  Hague,  to  take  leave  of  that  government.  He 
thought  it  necessary,  however,  to  do  so  now,  before  he  should  leave 
Europe,  and  accordingly  went  there.  I  learned  his  departure  from 
London,  by  a  letter  from  Mrs.  Adams,  received  on  the  very  day  on 
which  he  would  arrive  at  the  Hague.  A  consultation  with  him, 
and  some  provision  for  the  future,  was  indispensable,  while  we 
could  yet  avail  ourselves  of  his  powers ;  for  when  they  would  be 
gone,  we  should  be  without  resource.  I  was  daily  dunned  by  a 
Company  who  had  formerly  made  a  small  loan  to  the  United  States, 
the  principal  of  which  was  now  become  due ;  and  our  bankers  in 
Amsterdam,  had  notified  me  that  the  interest  on  our  general  debt 
would  be  expected  in  June  ;  that  if  we  failed  to  pay  it,  it  would 
be  deemed  an  act  of  bankruptcy,  and  would  effectually  destroy 
the  credit  of  the  United  States,  and  all  future  prospect  of  obtain- 
ing money  there  ;  that  the  loan  they  had  been  authorised  to  open, 


68 

of  which  a  third  only  was  filled,  had  now  ceased  to  get  forward, 
and  rendered  desperate  that  hope  of  resource.  I  saw  that  there 
was  not  a  moment  to  lose,  and  set  out  for  the  Hague  on  the  2nd 
morning  after  receiving  the  information  of  Mr.  Adams's  journey. 
I  went  the  direct  road  by  Louvres,  Senlis,  Roye,  Pont  St.  Max- 
ence,  Bois  le  due,  Goiu-nay,  Peronne,  Cambray,  Bouchain,  Va- 
lenciennes, Mons,  Bruxelles,  Malines,  Antwerp,  Mordick,  and 
Rotterdam,  to  the  Hague,  where  I  happily  found  Mr.  Adams. 
He  concurred  with  me  at  once  in  opinion,  that  something  must  be 
done,  and  that  we  ought  to  risk  ourselves  on  doing  it  without  in- 
structions, to  save  the  credit  of  the  United  States.  We  foresaw, 
that  before  the  new  government  could  be  adopted,  assembled,  es- 
tablish its  financial  system,  get  the  money  into  the  Treasury,  and 
place  it  in  Europe,  considerable  time  would  elapse ;  that,  therefore, 
we  had  better  provide  at  once,  for  the  years  '88,  '89,  and  '90,  in 
order  to  place  our  government  at  its  ease,  and  our  credit  in  secu- 
rity, during  that  trying  interval.  We  set  out  tlierefore,  by  the 
way  of  Ley  den,  for  Amsterdam,  where  we  arrived  on  the  10th. 
I  had  prepared  an  estimate,  shewing  that 

Florins. 
There  would  be  necessary  for  the  year  '88 — 531,937-10 

'89—538,540 
'90—473,540 


Total,  1,544,017-10 

Floiins. 
To  meet  this,  the  bankers  had  in  hand,     79,208-2-8 

and  the  unsold  bonds  would  yield,       542,800  C22,0C8-2-8 


Leaving  a  deficit  of         ....  921,949-7-4 

We  proposed  then  to  borrow  a  million,  yielding  920,000 

Which  would  leave  a  small  deficiency  of  .  1,949-7-4 
Mr.  Adams  accordingly  executed  1000  bonds,  for  1000  florins 
each,  and  deposited  them  in  the  hands  of  our  bankers,  with  in- 
structions, however,  not  to  issue  them  until  Congress  should  ratify 
the  measure.  This  done,  he  returned  to  London,  and  I  set  out 
for  Paris ;  and,  as  nothing  urgent  forbade  .it,  I  determined  to  re- 
turn along  the  banks  of  the  Rhine,  to  Strasburg,  and  thence  strike 
off  to  Paris.  I  accordingly  left  Amsterdam  on  the  30th  of  March, 
and  proceeded  by  Utrecht,  Nimeguen,  Cleves,  Duysberg,  Dus- 
seldorf,  Cologne,  Bonne,  Coblentz,  Nassau,  Hocheim,  Frankfort, 
and  made  an  excursion  to  Hanau,  then  to  Mayence,  and  another 
excursion  to  Rudesheim,  and  Johansberg ;  then  by  Oppenheim, 
Worms,  and  Manheim,  making  an  excursion  to  Heidelberg,  then 
by  Spire,  Carlsruh,  Rastadt  and  Kelh,  to  Strasburg,  where  I  ar- 
rived April  the  16th,  and  proceeded  again  on  the  18th,  by  Phals- 


69 

bourg,  Fenestrange,  Dieuze,  Moyenvie,  Nancy,  Toiil,  Ligny, 
Barleduc,  St.  Diziers,  Vitry,  Chalons  sur  Marne,  Epernay,  Cha- 
teau Thierri,  Meaux,  to  Paris,  where  I  arrived  on  the  23rd  of 
April :  and  I  had  the  satisfaction  to  reflect,  tliat  by  this  journey, 
our  credit  was  secured,  the  new  government  was  placed  at  ease 
for  two  years  to  come,  and  that,  as  well  as  myself,  relieved  from 
the  torment  of  incessant  duns,  whose  just  complaints  could  not  be 
silenced  by  any  means  within  our  power. 

A  Consular  Convention  had  been  agreed  on  in  '84,  between  Dr. 
Franklin  and  the  French  government,  containing  several  articles, 
so  entirely  inconsistent  with  the  laws  of  the  several  states,  and  the 
general  spirit  of  our  citizens,  that  Congress  withheld  their  ratifica- 
tion, and  sent  it  back  to  me,  witli  instructions  to  get  those  articles 
expunged,  or  modified  so  as  to  render  them  compatible  with  our 
laws.  The  Minister  unwillingly  released  us  from  these  concessions, 
which,  indeed,  autliorised  the  exercise  of  powers  very  offensive  in 
a  free  state.  After  much  discussion,  the  Convention  was  re- 
formed in  a  considerable  degree,  and  was  signed  by  the  Count 
Montmorin  and  myself,  on  the  14th  of  November,  '88  ;  not,  indeed, 
such  as  I  would  have  wished  ;  but  such  as  could  be  obtained  witli 
good  humor  and  friendship. 

On  my  return  from  Holland,  I  found  Paris  as  I  had  left  it,  still 
in  high  fermentation.  Had  the  Archbishop,  on  the  close  of  the 
Assembly  of  Notables,  immediately  carried  into  operation  the 
measures  contemplated,  it  was  believed  they  would  all  have  been 
registered  by  the  Parliament ;  but  he  was  slow,  presented  his 
edicts,  one  after  another,  and  at  considerable  intervals,  which 
gave  time  for  the  feelings  excited  by  the  proceedings  of  the 
Notables  to  cool  off,  new  claims  to  be  advanced,  and  a  pressure 
to  arise  for  a  fixed  constitution,  not  subject  to  changes  at  the  will 
of  the  King.  Nor  should  we  wonder  at  this  pressure,  when  we 
consider  the  monstrous  abuses  of  power  under  which  this  people 
were  ground  to  powder ;  when  we  pass  in  review  the  weight  of 
their  taxes,  and  the  inequality  of  their  distribution  ;  the  oppressions 
of  the  tythes,  the  tallies,  the  corvees,  the  gabelles,  the  farms  and 
the  barriers ;  the  shackles  on  commerce  by  monopolies ;  on  industry 
by  guilds  and  corporations  ;  on  the  freedom  of  conscience,  of 
thought,  and  of  speech ;  on  the  freedom  of  tlie  press  by  the  Cen- 
sure ;  and  of  the  person  by  Lettres  de  Cachet ;  the  cruelty  of  the 
Criminal  code  generally  ;  the  atrocities  of  the  Rack ;  the  venality  of 
Judges,  and  their  partialities  to  the  rich ;  the  monopoly  of  Military 
honors  by  the  Noblesse  ;  the  enormous  expenses  of  the  Queen,  the 
Princes  and  the  Court ;  tlie  prodigalities  of  pensions ;  and  the  riches, 
luxuiy ,  indolence  and  immorality  of  the  Clergy.    Surely  under  such 


70 

a  mass  of  misrule  and  oppression,  a  people  might  justly  press  for 
thorough  reformation,  and  might  even  dismount  their  rough  shod 
riders,  and  leave  them  to  walk  on  their  own  legs.  The  edicts, 
relative  to  the  corvees  and  free  circulation  of  grain,  were  first  pre- 
sented to  the  Parliament  and  registered  ;  but  those  for  the  impot  ter- 
ritorial, and  stamp  tax,  offered  some  time  after,  were  refused  by  the 
Parliament,  which  proposed  a  call  of  the  States  General,  as  alone 
competent  to  their  authorization.  Their  refusal  produced  a  Bed 
of  justice,  and  their  exile  to  Troyes.  The  Advocates,  however, 
refusing  to  attend  them,  a  suspension  in  the  administration  of  jus- 
tice took  place.  The  Parliament  held  out  for  a  while,  but  the 
ennui  of  their  exile  and  absence  from  Paris,  began  at  length  to  be 
felt,  and  some  dispositions  for  compromise  to  appear.  On  their 
consent,  therefore,  to  prolong  some  of  the  former  taxes,  they  were 
recalled  from  exile,  the  King  met  them  in  session,  November  19, 
'87,  promised  to  call  the  States  General  in  the  year  '92,  and  a 
majority  expressed  their  assent  to  register  an  edict  for  successive 
and  annual  loans  from  1788  to  '92  ;  but  a  protest  being  entered 
by  the  Duke  of  Orleans,  and  this  encouraging  others  in  a  disposi- 
tion to  retract,  the  King  ordered  peremptorily  the  registry  of  the 
edict,  and  left  the  assembly  abruptly.  The  Parliament  imme- 
diately protested,  that  the  votes  for  the  enregistry  had  not  been 
legally  taken,  and  that  they  gave  no  sanction  to  the  loans  pro- 
posed. This  was  enough  to  discredit  and  defeat  them.  Here- 
upon issued  another  edict,  for  the  establishment  of  a  cour  pleniere, 
and  the  suspension  of  all  the  Parliaments  in  the  kingdom.  This 
being  opposed,  as  might  be  expected,  by  reclamations  from  all 
the  Parliaments  and  Provinces,  the  King  gave  way,  and  by  an 
edict  of  July  5th,  '88,  renounced  his  cour  pleniere,  and  promised 
the  States  General  for  the  1st  of  May,  of  the  ensuing  year  :  and 
the  Archbishop,  finding  the  times  beyond  his  faculties,  accepted 
the  promise  of  a  Cardinal's  hat,  was  removed  [September  '88] 
from  the  Ministry,  and  Mr.  Necker  was  called  to  the  department 
of  finance.  The  hmocent  rejoicings  of  the  people  of  Paris  on 
this  change,  provoked  the  interference  of  an  officer  of  the  city 
guards,  whose  order  for  their  dispersion  not  being  obeyed,  he 
charged  them  with  fixed  bayonets,  killed  two  or  three,  and  wound- 
ed many.  Tliis  dispersed  them  for  the  moment,  but  they  collect- 
ed the  next  day  in  great  numbers,  burnt  ten  or  twelve  guard 
houses,  killed  two  or  three  of  the  guards,  and  lost  six  or  eight 
more  of  their  own  number.  The  city  was  hereupon  put  under 
Martial  law,  and  after  a  while  the  tumult  subsided.  The  effect  of 
this  change  of  ministers,  and  the  promise  of  the  States  General  at 
an  early  day,  iranquilized  the  nation.     But  two  great  questions  now 


71 

occurred.  1st.  What  proportion  shall  the  number  of  deputies  of  tlie 
Tiers  etat  bear  to  those  of  the  Nobles  and  Clergy  ?  And  2nd.  shall 
they  sit  in  the  same  or  in  distinct  apartments  ?  Mr.  Necker,  de- 
sirous of  avoiding  himself  these  knotty  questions,  proposed  a  se- 
cond call  of  the  same  Notables,  and  that  their  advice  should  be 
asked  on  the  subject.  They  met,  November  9,  '88,  and,  by  five 
bureaux  against  one,  they  recommended  the  forms  of  the  States 
General  of  1614 ;  wherein  the  Houses  were  separate,  and  voted 
by  orders,  not  by  persons.  But  the  whole  nation  declaring  at 
once  against  this,  and  that  the  Tiers  etat  should  be,  in  numbers, 
equal  to  both  the  other  orders,  and  the  Parliament  deciding  for 
the  same  proportion,  it  was  determined  so  to  be,  by  a  declaration 
of  December  27th,  '88.  A  Report  of  Mr.  Necker,  to  the  King,  of 
about  the  same  date,  contained  other  very  important  concessions. 
1 .  That  the  King  could  neither  lay  a  new  tax,  nor  prolong  an  old 
one.  2.  It  expressed  a  readiness  to  agree  on  the  periodical  meet- 
ing of  the  States.  3.  To  consult  on  the  necessary  restricdon  on 
Lettres  de  Cachet;  and  4.  How  far  the  press  might  be  made  free. 
5.  It  admits  that  the  States  are  to  appropriate  the  public  money ; 
and  6.  That  Ministers  shall  be  responsible  for  public  expendi- 
tures. And  these  concessions  came  from  the  very  heart  of  the 
King.  He  had  not  a  wish  but  for  the  good  of  the  nation ;  and  for 
that  object,  no  personal  sacrifice  would  ever  have  cost  him  a  mo- 
ment's regret ;  but  his  mind  was  weakness  itself,  his  constitution 
timid,  his  judgment  null,  and  without  sufficient  firmness  even  to 
stand  by  the  faith  of  his  word.  His  Queen,  too,  haughty  and 
bearing  no  contradiction,  had  an  absolute  ascendancy  over  him ; 
and  around  her  were  rallied  the  King's  brother  d'Artois,  the  court  - 
generally,  and  the  aristocratic  part  of  his  Ministers,  particularly 
Breteuil,  Broglio,  Vauguyon,  Foulon,  Luzerne,  men  whose  prin- 
ciples of  government  were  those  of  the  age  of  Louis  XIV. 
Against  this  host,  the  good  counsels  of  Necker,  Montmorin,  St. 
Priest,  although  in  unison  with  the  wishes  of  the  King  himself, 
were  of  little  avail.  The  resolutions  of  the  morning,  formed  under 
their  advice,  would  be  reversed  in  the  evening,  by  tlie  influence  of 
the  Queen  and  court.  But  the  hand  of  Heaven  weighed  heavily 
indeed  on  the  machinations  of  this  junto  ;  producing  collateral  in- 
cidents, not  arising  out  of  the  case,  yet  powerfully  co-exciting  the 
nation,  to  force  a  regeneration  of  its  government,  and  overwhelm- 
ing, with  accumulated  difficulties,  this  liberticide  resistance.  For, 
while  laboring  under  the  want  of  money  for  even  ordinary  pur- 
poses, in  a  government  which  required  a  million  of  livres  a  day, 
and  driven  to  the  last  ditch  by  the  universal  call  for  liberty,  there 
came  on  a  winter  of  such  severe  cold,  as  was  without  example  in 


72 

the  memory  of  man,  or  in  the  written  records  of  history.  The 
Mercury  was  at  times  50^  below  the  freezing  point  of  Farenheit, 
and  22*^  below  that  of  Reaumur.  All  out-door  labor  was  sus- 
pended, and  the  poor,  without  the  wages  of  labor,  were,  of  course, 
without  either  bread  or  fuel.  The  government  found  its  necessi- 
ties aggravated  by  that  of  procuring  immense  quantities  of  fire- 
wood, and  of  keeping  great  fires  at  all  the  cross  streets,  around 
which  the  people  gathered  in  crowds,  to  avoid  perishing  with  cold. 
Bread,  too,  was  to  be  bought,  and  distributed  daily,  gratis,  until  a 
relaxation  of  the  season  should  enable  the  people  to  work :  and 
the  slender  stock  of  bread  stuff  had  for  some  time  threatened  fa- 
mine, and  had  raised  that  article  to  an  enormous  price.  So  great, 
indeed,  was  the  scarcity  of  bread,  that,  from  the  highest  to  the 
lowest  citizen,  the  bakers  were  permitted  to  deal  but  a  scanty  al- 
lowance per  head,  even  to  those  who  paid  for  it ;  and,  in  cards  of 
invitation  to  dine  in  the  richest  houses,  the  guest  was  notified  to 
bring  his  own  bread.  To  eke  out  the  existence  of  the  people, 
every  person  who  had  the  means,  was  called  on  for  a  weekly  sub- 
scription, which  the  Cures  collected,  and  employed  in  providing 
messes  for  the  nourishment  of  the  poor,  and  vied  with  each  other 
in  devising  such  economical  compositions  of  food,  as  would  subsist 
the  greatest  number,  with  the  smallest  means.  This  want  of  bread 
had  been  foreseen  for  some  time  past,  and  M.  de  Montmorin  had 
desired  me  to  notify  it  in  America,  and  that,  in  addition  to  the 
market  price,  a  premium  should  be  given  on  what  should  be 
brought  from  the  United  States.  Notice  was  accordingly  given, 
and  produced  considerable  supplies.  Subsequent  information 
made  tlie  importations  from  America,  during  the  months  of  March, 
April  and  May,  into  the  Adantic  ports  of  France,  amount  to  about 
twenty-one  thousand  barrels  of  flour,  besides  what  went  to  other 
ports,  and  in  other  months ;  while  our  supplies  to  their  West  Indian 
islands  relieved  them  also  from  that  drain.  This  distress  for 
bread  continued  till  July. 

Hitherto  no  acts  of  popular  violence  had  been  produced  by  the 
struggle  for  political  reformation.  Little  riots,  on  ordinary  incidents, 
had  taken  place  as  at  other  times,  in  different  parts  of  the  kingdom, 
in  which  some  lives,  perhaps  a  dozen  or  twenty,  had  been  lost ; 
but  in  the  month  of  April,  a  more  serious  one  occurred  in  Paris, 
unconnected,  indeed,  with  the  Revolutionary  principle,  but  making  . 
part  of  the  history  of  the  day.  The  Fauxljourg  St.  Antoine,  is  a 
quarter  of  the  city,  inhabited  entirely  by  the  class  of  day  laborers 
and  journeymen  in  every  line.  A  rumor  was  spread  among  them, 
that  a  great  paper  manufacturer,  of  the  name  of  Reveillon,  had 
proposed,  on  some  occasion,  that  their  wages  should  be  lowered 


73 

to  fifteen  sous  a  day.  Inflamed  at  once  into  rage,  and  without 
enquiring  into  its  trudi,  they  flew  to  his  house  in  vast  numbers,  de- 
stroyed every  thing  in  it,  and  in  his  magazines  and  work  shops, 
without  secredng,  however,  a  pin's  worth  to  themselves,  and  were 
continuing  this  work  of  devastation,  when  the  regular  troops  were 
called  in.  Admonitions  being  disregarded,  they  were  of  necessity 
fired  on,  and  a  regular  action  ensued,  in  w4iich  about  one  hundred 
of  them  were  killed,  before  the  rest  would  disperse.  There  had 
rarely  passed  a  year  without  such  a  riot,  in  some  part  or  other  of 
the  kingdom ;  and  this  is  distinguished  only  as  cotemporary  with 
the  Revolution,  although  not  produced  by  it. 

The  States  General  were  opened  on  the  5th  of  May,  '89,  by 
speeches  from  the  King,  the  Garde  des  Sceaux,  Lamoignon,  and 
Mr.  Necker.  The  last  was  thought  to  trip  too  lightly  over  the 
consdtutional  reformations  which  were  expected.  His  notices  of 
them  in  diis  speech,  were  not  as  full  as  in  his  previous  *  Rapport 
au  Roi.'  This  was  observed,  to  his  disadvantage  :  but  much  al- 
lowance should  have  been  made  for  the  situation  in  which  he  was 
placed,  between  his  own  counsels,  and  those  of  the  ministers  and 
party  of  the  court.  Overruled  in  his  own  opinions,  compelled  to  de- 
liver, and  to  gloss  over  those  of  his  opponents,  and  even  to  keep 
their  secrets,  he  could  not  come  forward  in  his  own  attitude. 

The  composition  of  the  Assembly,  although  equivalent,  on  the 
whole,  to  what  had  been  expected,  was  something  different  in  its 
elements.  It  had  been  supposed,  that  a  superior  education  would 
carry  into  the  scale  of  the  Commons,  a  respectable  portion  of  the 
Noblesse.  It  did  so  as  to  those  of  Paris,  of  its  vicinity,  and  of  the 
other  considerable  cities,  whose  greater  intercourse  with  enlighten- 
ed society  had  liberalised  their  minds,  and  prepared  them  to  ad- 
vance up  to  the  measure  of  the  times.  But  the  Noblesse  of  tlie 
country,  which  constituted  two  thirds  of  tiiat  body,  were  far  in 
their  rear.  Residing  constantly  on  their  patrimonial  feuds,  and 
familiarised,  by  daily  habit,  with  Seigneurial  powers  and  practices, 
they  had  not  yet  learned  to  suspect  their  inconsistence  with  reason 
and  right.  They  were  willing  to  submit  to  equality  of  taxation, 
but  not  to  descend  from  their  rank  and  prerogatives  to  be  incor- 
[)orated  in  session  with  the  Tiers  etat.  Among  the  Clergy,  on  the 
odier  hand,  it  had  been  apprehended  that  the  higher  orders  of  the 
Hierarchy,  by  their  wealth  and  connections,  would  have  carried 
the  elections  generally ;  but  it  turned  out,  that  in  most  cases,  the 
lower  clergy  had  obtained  the  popular  majorities.  These  consist- 
ed of  die  Cures,  sons  of  the  peasantry,  who  had  been  employed 
to  do  all  the  drudgery  of  parochial  services  for  ten,  twenty,  oi: 

VOL.  I.  10 


74 

thirty  Louis  a  year ;  while  their  superiors  were  consuming  their 
princely  revenues,  in  palaces  of  luxury  and  indolence. 

The  objects  for  which  this  body  was  convened,  being  of  the  first 
order  of  importance,  I  felt  it  very  interesting  to  understand  the 
views  of  the  parties  of  which  it  was  composed,  and  especially  the 
ideas  prevalent,  as  to  the  organization  contemplated  for  their  go- 
vernment. I  went,  therefore,  daily  from  Paris  to  Versailles,  and 
attended  their  debates,  generally  till  the  hour  of  adjournment. 
Those  of  the  Noblesse  were  impassioned  and  tempestuous.  They 
had  some  able  men  on  both  sides,  actuated  by  equal  zeal. 
The  debates  of  the  Commons  were  temperate,  rational,  and  in- 
flexibly firm.  As  preliminary  to  all  other  business,  the  awful 
questions  came  on,  shall  the  States  sit  in  one,  or  in  distinct  apart- 
ments ?  And  shall  they  vote  by  heads  or  houses  ?  The  opposition 
was  soon  found  to  consist  of  the  Episcopal  order  among  the  clergy, 
and  two  thirds  of  the  Noblesse  ;  while  the  Tiers  etat  were,  to  a  man, 
united  and  determined.  After  various  propositions  of  compromise 
had  failed,  the  Commons  undertook  to  cut  the  Gordian  knot. 
The  Abbe  Sieyes,  the  most  logical  head  of  the  nation,  (author  of 
the  pamphlet  'Qu'est  ce  que  le Tiers  etat?'  which  had  electrified  that 
country,  as  Paine's  Common  Sense  did  us,)  after  an  impressive 
speech  on  the  10th  of  June,  moved  that  a  last  invitation  should  be 
sent  to  the  Nobles  and  Clergy,  to  attend  in  the  hall  of  the  States, 
collectively  or  individually,  for  the  verification  of  powers,  to  which 
the  Commons  would  proceed  immediately,  either  in  their  ppesence 
or  absence.  This  verification  being  finished,  a  motion  was  made, 
on  the  15th,  that  they  should  constitute  themselves  a  National 
Assembly;  which  was  decided  on  the  17th,  by  a  majority  of  four 
fifths.  During  the  debates  on  this  question,  about  twenty  of  the 
Cures  had  joined  them,  and  a  proposition  was  made,  in  the  cham- 
ber of  the  Clergy,  that  their  whole  body  should  join.  This  was 
rejected,  at  first,  by  a  small  majority  only  ;  but,  being  afterwards 
somewhat  modified,  it  was  decided  affirmatively,  by  a  majority  of 
eleven.  While  this  was  under  debate,  and  unknown  to  the  court, 
to  wit,  on  the  19th,  a  council  was  held  in  the  afternoon,  at  Marly, 
wherein  it  was  proposed  that  the  King  should  interpose,  by  a  de- 
claration of  his  sentiments,  in  a  seance  royale.  A  form  of  decla- 
ration was  proposed  by  Necker,  which,  while  it  censured,  in  gene- 
ral, the  proceedings,  botli  of  the  Nobles  and  Commons,  announced 
the  King's  views,  such  as  substantially  to  coincide  with  the  Com- 
mons. It  was  agreed  to  in  Council,  the  seance  was  fixed  for  the 
22nd,  the  meetings  of  the  States  were  till  then  to  be  suspended, 
and  every  thing,  in  the  mean  time,  kept  secret.  The  members, 
the  next  morning  (the  20th)  repairing  to  their  house,  as  usual,  found 


the  doors  shut  and  guarded,  a  proclamation  posted  up  for  a  seance 
royale  on  tlie  22nd,  and  a  suspension  of  their  meetings  in  the  mean 
time.  Concluding  that  their  dissolution  was  now  to  take  place, 
they  repaired  to  a  building  called  the  '  Jeu  de  paume'  (or  Tennis 
court)  and  there  bound  themselves  by  oath  to  each  other,  never  to 
separate,  of  their  own  accord,  till  they  had  setded  a  constitution 
for  the  nation,  on  a  solid  basis,  and,  if  separated  by  force,  that 
they  would  reassemble  in  some  other  place.  The  next  day,  they 
met  in  the  church  of  St.  Louis,  and  were  joined  by  a  majority  of 
tlie  clergy.  The  heads  of  the  Aristocracy  saw  that  all  was  lost 
without  some  bold  exertion.  The  King  was  still  at  Marly.  No 
body  was  permitted  to  approach  him  but  their  friends.  He  was 
assailed  by  falsehoods  in  all  shapes.  He  was  made  to  believe  that 
the  Commons  were  about  to  absolve  the  army  from  their  oath  of 
fidelity  to  him,  and  to  raise  their  pay.  The  court  party  were 
now  all  rage  and  desperation.  They  procured  a  committee  to  be 
held,  consisting  of  the  King  and  his  Ministers,  to  which  Monsieur 
and  the  Count  d'Artois  should  be  admitted.  At  this  committee, 
the  latter  attacked  Mr.  Necker  personally,  arraigned  his  declara- 
tion, and  proposed  one,  which  some  of  his  prompters  had  put  into 
his  hands.  Mr.  Necker  was  brow-beaten  and  intimidated,  and  the 
King  shaken.  He  determined  that  the  two  plans  should  be  deli- 
berated on,  the  next  day,  and  the  seance  royale  put  off  a  day  longer. 
This  encouraged  a  fiercer  attack  on  Mr.  Necker  the  next  day. 
His  draught  of  a  declaration  was  entirely  broken  up,  and  that  of 
the  Count  d'Artois  inserted  into  it.  Himself  and  Montmorin  offer- 
ed their  resignation,  which  was  refused ;  the  Count  d'Artois  saying 
to  Mr.  Necker,  '  No,  sir,  you  must  be  kept  as  the  hostage ;  we 
hold  you  responsible  for  all  die  ill  which  shall  happen.'  This 
change  of  plan  was  immediately  whispered  without  doors.  The 
Noblesse  were  in  triumph ;  the  people  in  consternation.  I  was 
quite  alarmed  at  this  state  of  things.  The  soldiery  had  not  yet 
indicated  which  side  they  should  take,  and  that  which  they  should 
support  would  be  sure  to  prevail.  I  considered  a  successful  re- 
formation of  government  in  France,  as  ensuring  a  general  reforma- 
tion through  Europe,  and  the  resurrection,  to  a  new  life,  of  their 
people,  now  ground  to  dust  by  the  abuses  of  the  governing  powers. 
I  was  much  acquainted  with  the  leading  patriots  of  the  Assembly. 
Being  from  a  country  which  had  successfully  passed  through  a 
similar  reformation,  they  were  disposed  to  my  acquaintance,  and 
had  some  confidence  in  me.  I  urged,  most  strenuously,  an  im- 
mediate compromise ;  to  secure  what  the  government  was  now 
ready  to  yield,  and  trust  to  future  occasions  for  what  might  still  be 
wanting.     It  was  well  understood  that  the  King  would  grant,  at 


76 

tills  time,  1.  Freedom  of  the  person  by  Habeas  corpus :  2.  Free- 
dom of  conscience  :  3.  Freedom  of  the  press  :  4.  Trial  by  jury  : 
6.  A  representative  Legislature :  6.  Annual  meetings :  7.  The 
origination  of  laws  :  8.  The  exclusive  right  of  taxation  and  ap- 
propriation :  and  9.  The  responsibility  of  Ministers :  and  with  the 
exercise  of  these  powers  they  could  obtain,  in  future,  w^iatever 
might  be  furdier  necessary  to  improve  and  preserve  their  constitu- 
tion. They  thought  otherwise,  however,  and  events  have  proved 
their  lamentable  error.  For,  after  thirty  years  of  war,  foreign  and 
domestic,  the  loss  of  millions  of  lives,  the  prostration  of  private  hap- 
piness, and  the  foreign  subjugation  of  their  own  country  for  a  time, 
they  have  obtained  no  more,  nor  even  that  securely.  They  w^ere 
unconscious  of,  (for  who  could  foresee  ?)  the  melancholy  sequel  of 
their  well-meant  perseverance  ;  that  their  physical  force  would  be 
usurped  by  a  first  tyrant  to  trample  on  the  independence,  and  even 
the  existence,  of  other  nations :  that  this  would  afford  a  fatal  example 
for  the  atrocious  conspiracy  of  Kings  against  their  people  ;  would 
generate  their  unholy  and  homicide  alliance  to  make  common 
cause  among  themselves,  and  to  crush,  by  the  power  of  the  whole, 
the  efforts  of  any  part,  to  moderate  their  abuses  and  oppressions. 

When  the  King  passed,  the  next  day,  through  the  lane  formed 
from  the  Chateau  to  the  '  Hotel  des  etats,'  there  was  a  dead  si- 
lence. He  was  about  an  hour  in  the  House,  delivering  his  speech 
and  declaration.  On  his  coming  out,  a  feeble  cry  of  '  vive  le  roy' 
was  raised  by  some  children,  but  the  people  remained  silent  and 
sullen.  In  the  close  of  his  speech,  he  had  ordered  that  the  mem- 
bers should  follow  him,  and  resume  their  deliberations  the  next 
day.  The  Noblesse  followed  him,  and  so  did  the  Clergy,  except 
about  thirty,  who,  with  the  Tiers,  remained  in  the  room,  and  enter- 
ed into  deliberation.  They  protested  against  what  the  King  had 
done,  adhered  to  all  tlieir  former  proceedings,  and  resolved  the 
inviolability  of  their  own  persons.  An  officer  came,  to  order  them 
out  of  the  room  in  the  King's  name.  *  Tell  those  who  sent  you,' 
said  Mirabeau,  ^  that  we  shall  not  move  hence  but  at  our  own  will, 
or  the  point  of  the  bayonet.'  In  the  afternoon,  the  people,  uneasy, 
began  to  assemble  in  great  numbers  in  the  courts,  and  vicinities  of 
the  palace.  This  produced  alarm.  The  Queen  sent  for  Mr. 
Ned^er.  He  was  conducted,  amidst  the  shouts  and  acclamations 
of  the  multitude,  who  filled  all  the  apartments  of  the  palace.  He 
was  a  few  minutes  only  with  the  Queen,  and  what  passed  between 
them  did  not  transpire.  The  King  went  out  to  ride.  He  passed 
through  the  crowd  to  his  carriage,  and  into  it,  without  being  in  the 
least  noticed.  As  Mr.  Necker  followed  him,  universal  acclama- 
tions were  raised  of '  vive  Monsieur  Necker,  vive  le  sauveur  de  ia 


77 

France  opprimee.'  He  was  conducted  back  to  his  house,  witli 
the  same  demonstrations  of  affection  and  anxiety.  About  two  hun- 
dred deputies  of  the  Tiers,  catching  the  enthusiasm  of  the  moment, 
went  to  his  house,  and  extorted  from  him  a  promise  that  he  would 
not  resign.  On  the  25th,  forty-eight  of  the  Nobles  joined  the 
Tiers,  and  among  them  the  Duke  of  Orleans.  There  were  tlien 
with  them  one  hundred  and  sixty-four  members  of  the  Clergy,  al- 
though the  minority  of  that  body  still  sat  apart,  and  called  them- 
selves the  Chamber  of  the  Clergy.  On  the  2Gth,  the  Archbishop 
of  Paris  joined  the  Tiers,  as  did  some  others  of  the  Clergy  and  of 
the  Noblesse. 

These  proceedings  had  thrown  die  people  into  violent  ferment. 
It  gained  the  soldiery,  first  of  the  French  guards,  extended  to 
those  of  every  other  denomination,  except  the  Swiss,  and  even  to 
the  body  guards  of  tlie  King.  They  began  to  quit  their  barracks, 
to  assemble  in  squads,  to  declare  they  would  defend  the  life  of  the 
King,  but  w'ould  not  be  the  murderers  of  their  fellow-citizens. 
They  called  themselves  the  soldiers  of  the  nation,  and  left  now  no 
doubt  on  which  side  they  w^ould  be,  in  case  of  a  rupture.  Similar 
accounts  came  in  from  the  troops  in  other  parts  of  the  kingdom, 
giving  good  reason  to  believe  they  would  side  with  their  fathers 
and  brothers,  rather  than  with  their  officers.  The  operation  of 
this  medicine  at  Versailles,  was  as  sudden  as  it  was  powerful. 
The  alarm  there  was  so  complete,  that  in  the  afternoon  of  the 
27th,  the  King  wrote,  widi  his  own  hand,  letters  to  the  Presidents 
of  the  Clergy  and  Nobles,  engaging  them  immediately  to  join  the 
Tiers.  These  two  bodies  were  debating,  and  hesitating,  when 
notes  from  the  Count  d'Artois  decided  their  compliance.  They 
went  in  a  body,  and  took  their  seats  with  the  Tiers,  and  thus  ren- 
dered the  union  of  the  orders  in  one  chamber,  complete. 

The  Assembly  now  entered  on  the  business  of  their  mission, 
and  first  proceeded  to  arrange  the  order  in  which  diey  would  take 
up  the  heads  of  their  constitution,  as  follows  : 

First,  and  as  Preliminary  to  the  whole,  a  general  Declaration 
of  the  Rights  of  Man.  Then,  specifically,  the  Principles  of  the 
Monarchy  ;  Rights  of  the  Nation ;  rights  of  the  King ;  rights  of 
the  Citizens ;  organization  and  rights  of  the  National  Assembly ; 
forms  necessary  for  the  enactment  of  Laws ;  organization  and 
functions  of  the  Provincial  and  Municipal  Assemblies ;  duties  and 
limits  of  the  Judiciary  power ;  functions  and  duties  of  the  Military 
power. 

A  Declarauon  of  the  Rights  of  Man,  as  the  preliminary  of  their 
work,  was  accordingly  prepared  and  proposed  by  the  Marquis  de 
la  Fayette, 


78 

But  the  quiet  of  their  march  was  soon  disturbed  by  information 
that  troops,  and  particularly  the  foreign  troops,  were  advancing  on 
Paris  from  various  quarters.  The  King  had  probably  been  ad- 
vised to  this,  on  the  pretext  of  preserving  peace  in  Paris.  But 
his  advisers  were  believed  to  have  other  things  in  contemplation. 
The  Marshal  de  Broglio  was  appointed  to  their  command,  a  high- 
flying aristocrat,  cool  and  capable  of  every  thing.  Some  of  the 
French  guards  were  soon  arrested,  under  other  pretexts,  but  really, 
on  account  of  their  dispositions  in  favor  of  the  National  cause. 
The  people  of  Paris  forced  dieir  prison,  liberated  them,  and  sent 
a  deputation  to  the  Assembly  to  solicit  a  pardon.  The  Assembly 
recommended  peace  and  order  to  the  people  of  Paris,  the  priso- 
ners to  the  King,  and  asked  from  him  the  removal  of  the  troops. 
His  answer  was  negative  and  dry,  saying  they  might  remove  them- 
selves, if  they  pleased,  to  Noyons  or  Soissons.  In  the  meantime, 
these  troops,  to  the  number  of  twenty  or  thirty  thousand,  had  ar- 
rived, and  were  posted  in,  and  between  Paris  and  Versailles.  The 
bridges  and  passes  were  guarded.  At  three  o'clock  in  the  after- 
noon of  the  1 1th  of  July,  the  Count  de  la  Luzerne  was  sent  to  notify 
Mr.  Necker  of  his  dismission,  and  to  enjoin  him  to  retire  instantly, 
without  saying  a  word  of  it  to  any  body.  He  went  home,  dined, 
and  proposed  to  his  wife  a  visit  to  a  friend,  but  went  in  fact  to  his 
country  house  at  St.  Ouen,  and  at  midnight  set  out  for  Brussels. 
This  was  not  known  till  the  next  day  (the  12th,)  when  the  whole 
Ministry  was  changed,  except  Villedeuil,  of  the  domestic  depart- 
ment, and  Barenton,  Garde  des  sceaux.  The  changes  were  as 
follows. 

The  Baron  de  Breteuil,  President  of  the  Council  of  Finance ; 
de  la  Galaisiere,  Comptroller  General,  in  the  room  of  Mr.  Necker ; 
the  Marshal  de  Broglio,  Minister  of  War,  and  Foulon  under 
him,  in  the  room  of  Puy-Segur ;  the  Duke  de  la  Vauguyon,  Mi- 
nister of  Foreign  Affairs,  instead  of  the  Count  de  Montmorin ; 
de  la  Porte,  Minister  of  Marine,  in  place  of  the  Count  de  la 
Luzerne ;  St.  Priest  was  also  removed  from  the  Council.  Lu- 
zerne and  Puy-Segur,  had  been  strongly  of  tlie  Aristocratic  party 
in  the  Council,  but  they  were  not  considered  as  equal  to  tlie  work 
now  to  be  done.  The  King  was  now  completely  in  the  hands  of 
men,  the  principal  among  whom,  had  been  noted,  through  their 
lives,  for  the  Turkish  despotism  of  their  characters,  and  who  were 
associated  around  the  King,  as  proper  instruments  for  what  was  to 
be  executed.  The  news  of  this  change  began  to  be  known  at 
Paris,  about  one  or  two  o'clock.  In  the  afternoon,  a  body  of 
about  one  hundred  German  cavalry  were  advanced,  and  drawn  up 
in  the  Place  Louis  XV.  and  about  two  hundred  Swiss  posted  at 


79 

a  little  distance  in  their  rear.  This  drew  people  to  the  spot,  who 
thus  accidentally  found  themselves  in  front  of  the  troops,  merely 
at  first  as  spectators ;  but,  as  their  numbers  increased,  their  indig- 
nation rose.  They  retired  a  few  steps,  and  posted  themselves  on 
and  behind  large  piles  of  stones,  large  and  small,  collected  in  that 
place  for  a  bridge,  which  was  to  be  built  adjacent  to  it.  In  this 
position,  happening  to  be  in  my  carriage  on  a  visit,  I  passed  through 
the  lane  they  had  formed,  without  interruption.  But  the  moment 
after  I  had  passed,  the  people  attacked  the  cavalry  with  stones. 
They  charged,  but  the  advantageous  position  of  the  people,  and 
the  showers  of  stones,  obliged  the  horse  to  retire,  and  quit  the  field 
altogether,  leaving  one  of  their  number  on  the  ground,  and  the 
Swiss  in  their  rear,  not  moving  to  their  aid.  This  was  the  signal 
for  universal  insurrection,  and  this  body  of  cavalry,  to  avoid  being 
massacred,  retired  towards  Versailles.  The  people  now  armed 
themselves  with  such  weapons  as  they  could  find  in  armorer's  shops, 
and  private  houses,  and  with  bludgeons ;  and  were  roaming  all 
night,  through  all  parts  of  the  city,  without  any  decided  object. 
The  next  day  (the  13th,)  the  Assembly  pressed  on  the  King  to 
send  away  the  troops,  to  permit  the  Bourgeoisie  of  Paris,  to  arm  for 
the  preservation  of  order  in  the  city,  and  offered  to  send  a  depu- 
tation from  their  body  to  tranquilize  tliem  :  but  their  propositions 
were  refused.  A  committee  of  magistrates  and  electors  of  the 
city  were  appointed  by  those  bodies,  to  take  upon  them  its  govern- 
ment. The  people,  now  openly  joined  by  the  French  guards,  forced 
the  prison  of  St.  Lazare,  released  all  the  prisoners,  and  took  a  great 
store  of  corn,  which  they  carried  to  the  corn-market.  Here  they 
got  some  arms,  and  the  French  guards  began  to  form  and  train 
them.  The  city-committee  determined  to  raise  forty-eight  thousand 
Bourgeois,  or  rather  to  restrain  tlieir  numbers  to  forty-eight  thou- 
sand. On  the  14th,  they  sent  one  of  their  members  (Monsieur 
de  Corny)  to  the  Hotel  des  Invalides,  to  ask  arms  for  their  Garde 
Bourgeoise.  He  was  followed  by,  and  he  found  there,  a  great 
collection  of  people.  The  Governor  of  tlie  Invalids  came  out, 
and  represented  the  impossibility  of  his  delivering  arms,  without 
the  orders  of  those  from  whom  he  received  them.  De  Corny  ad- 
vised the  people  then  to  retire,  and  retired  himself;  but  the  people 
took  possession  of  the  arms.  It  was  remarkable,  that  not  only  the 
Invalids  themselves  made  no  opposition,  but  that  a  body  of  five 
thousand  foreign  troops,  within  four  hundred  yards,  never  stirred. 
M.  de  Corny,  and  five  others,  were  then  sent  to  ask  arms  of  M.  de 
Launay,  Governor  of  the  Basdle.  They  found  a  great  collection 
of  people  already  before  the  place,  and  they  immediately  planted 
a  flag  of  truce,  which  was  answered  by  a  like  flag  hoisted  on  the 


80 

parapet.  The  deputation  prevailed  on  the  people  to  fall  back  a 
little,  advanced  tliemselves  to  make  their  demand  of  the  Governor, 
%nd  in  that  instant,  a  discharge  from  the  Bastile  killed  four  persons, 
of  tliose  nearest  to  the  deputies.  The  deputies  retired.  I  hap- 
pened to  be  at  the  house  of  M.  de  Corny,  when  he  returned  to 
it,  and  received  from  him  a  narrative  of  these  transactions.  On 
the  retirement  of  the  deputies,  tlie  people  rushed  forward,  and 
almost  in  an  instant,  were  in  possession  of  a  fortification,  of  infinite 
strengdi,  defended  by  one  hundred  men,  which  in  other  times,  had 
stood  several  regular  seiges,  and  had  never  been  taken.  How 
they  forced  their  enti*ance  has  never  been  explained.  They  took 
all  die  arms,  discharged  the  prisoners,  and  such  of  the  garrison  as 
were  not  killed  in  the  first  moment  of  fury ;  carried  the  Governor 
and  Lieutenant  Governor,  to  the  Place  de  Greve,  (the  place  of 
public  execudon,)  cut  off  their  heads,  and  sent  them  through  the 
city,  in  triumph,  to  the  Palais  royal.  About  the  same  instant,  a 
treacherous  correspondence  having  been  discovered  in  M.  de 
Flesselles,  Prevot  des  Marchands,  they  seized  him  in  the  Hotel 
de  Ville,  where  he  was  in  the  execudon  of  his  office,  and  cut  off 
his  head.  These  events,  carried  imperfectly  to  Versailles,  were 
the  subject  of  two  successive  deputadons  from  the  Assembly  to 
die  King,  to  bodi  of  which  he  gave  dry  and  hard  answers ;  for 
nobody  had  as  yet,  been  permitted  to  inform  him,  truly  and  fully, 
of  what  had  passed  at  Paris.  But  at  night,  the  Duke  de  Lian- 
court  forced  his  way  into  the  King's  bed  chamber,  and  obliged 
him  to  hear  a  full  and  animated  detail  of  the  disasters  of  the  day 
in  Paris.  He  went  to  bed  fearfully  impressed.  The  decapi- 
tation of  de  Launay,  worked  powerfully  through  the  night,  on  the 
whole  Aristocradcal  party ;  insomuch,  that  in  the  morning,  those 
of  the  greatest  influence  on  the  Count  d'Artois,  represented  to  him 
the  absolute  necessity,  that  the  King  should  give  up  every  thing  to 
the  Assembly.  This  according  with  the  dispositions  of  the  King, 
he  went  about  eleven  a'clock,  accompanied  only  by  his  brothers, 
to  the  Assembly,  and  there  read  to  them  a  speech,  in  which  he 
asked  their  interposition  to  re-establish  order.  Although  couched 
in  terms  of  some  caution,  yet  the  manner  in  which  it  was  delivered, 
made  it  evident  that  it  was  meant  as  a  surrender  at  discretion.  He 
returned  to  the  Chateau  a  foot,  accompanied  by  the  Assembly.  They 
sent  off  a  deputation,  to  qinet  Paris,  at  the  head  of  which  was  the 
Marquis  de  la  Fayette,  who  had,  the  same  morning,  been  named 
Commandant  en  chef  of  the  Milice  Bourgeoise ;  and  Monsieur 
Bailly,  former  President  of  the  States  General,  was  called  for  as 
Prevot  des  Marchands.  The  demolition  of  the  Bastile  was  now 
ordered  and  begun.     A  body  of  the  Swiss  guards,  of  the  regi- 


81 

ment  of  Vontimille,  and  the  city  horse  guards  joined  the  people. 
The  alarm  at  Versailles  increased.  The  foreign  troops  were  or- 
dered off  instantly.  Every  Minister  resigned.  The  King  con- 
firmed Bailly  as  Prevot  des  Marchands,  wrote  to  Mr.  Necker,  to 
recall  him,  sent  his  letter  open  to  the  Assembly,  to  be  forwarded 
by  them,  and  invited  them  to  go  with  him  to  Paris  the  next  day,  to 
satisfy  the  city  of  his  dispositions ;  and  that  night,  and  the  next 
morning,  the  Count  d'Artois,  and  M.  de  Montesson,  a  deputy  con- 
nected with  him,  Madame  de  Polignac,  Madame  de  Guiche,  and 
the  Count  de  Vaudreuil,  favorites  of  the  Queen,  the  Abbe  de  Ver- 
ntont  her  confessor,  the  Prince  of  Conde,  and  Duke  of  Bourbon  fled. 
The  King  came  to  Paris,  leaving  the  Queen  in  consternation  for 
his  return.  Omitting  the  less  important  figures  of  the  procession, 
the  King's  carriage  was  in  the  centre ;  on  each  side  of  it,  the  As- 
sembly, in  two  ranks  a  foot ;  at  their  head  the  Marquis  de  la  Fayette, 
as  Commander  in  chief,  on  horse  back,  and  Bourgeois  guards  be- 
fore and  behind.  About  sixty  thousand  citizens,  of  all  forms  and 
conditions,  armed  with  the  conquests  of  the  Bastile  and  Invalids, 
as  far  as  they  would  go,  the  lest  with  pistols,  swords,  pikes,  prun- 
ing hooks,  scythes,  he.  lined  all  the  streets  through  which  the 
procession  passed,  and  with  the  crowds  of  people  in  the  streets, 
doors,  and  windows,  saluted  them  every  where  with  the  cries  of 
'  vive  la  nation,'  but  not  a  single  *  vive  le  roy'  was  heard.  The 
King  stopped  at  the  Hotel  de  Ville.  There  M.  Bailly  presented, 
and  put  into  his  hat,  the  popular  cockade,  and  addressed  him. 
The  King  being  unprepared,  and  unable  to  answer,  Bailly  went  to 
him,  gathered  from  him  some  scraps  of  sentences,  and  made  out 
an  answer,  which  he  delivered  to  the  audience,  as  from  the  King. 
On  their  return,  the  popular  cries  were  '  vive  le  roy  et  la  nation.' 
He  was  conducted  by  a  garde  Bourgeoise,  to  his  palace  at  Ver- 
sailles, and  thus  concluded  such  an  *  amende  honorable,'  as  no 
sovereign  ever  made,  and  no  people  ever  received. 

And  here  again,  was  lost  another  precious  occasion  of  sparing 
to  France  the  crimes  and  cruelties  through  which  she  has  since 
passed,  and  to  Europe,  and  finally  America,  the  evils  which  flowed 
on  them  also  from  this  mortal  source.  The  King  was  now  become 
a  passive  machine  in  the  hands  of  the  National  Assembly,  and  had 
he  been  left  to  himself,  he  would  have  willingly  acquiesced  in 
whatever  they  should  devise  as  best  for  the  nation.  A  wise  con- 
stitution would  have  been  formed,  hereditary  in  his  line,  himself 
placed  at  its  head,  with  powers  so  large,  as  to  enable  him  to  do  all 
the  good  of  his  station,  and  so  limited,  as  to  restrain  him  from  its 
abuse.  This  he  would  have  faithfully  administered,  and  more 
than  diis,  I  do  not  believe,  he  ever  wished.     But  he  had  a  Queen 

VOL.    I.  11 


82 

of  absolute  sway  over  his  weak  mind,  and  timid  virtue,  and  of  a 
character,  the  reverse  of  his  in  all  points.  This  angel,  as  gaudily 
painted  in  the  rhapsodies  of  Burke,  with  some  smartness  of  fancy, 
but  no  sound  sense,  was  proud,  disdainful  of  restraint,  indignant  at 
all  obstacles  to  her  will,  eager  in  the  pursuit  of  pleasure,  and  firm 
enough  to  hold  to  her  desires,  or  perish  in  their  wreck.  Her  in- 
ordinate gambling  and  dissipations,  with  those  of  the  Count  d'Ar- 
tois,  and  others  of  her  clique,  had  been  a  sensible  item  in  the 
exhaustion  of  the  treasury,  which  called  into  action  the  reforming 
hand  of  tlie  nation ;  and  her  opposition  to  it,  her  inflexible  per- 
verseness,  and  dauntless  spirit,  led  herself  to  the  Guillotine,  dretv 
the  King  on  with  her,  and  plunged  the  world  into  crimes  and  ca- 
lamities which  will  forever  stain  the  pages  of  modern  history.  I 
have  ever  believed,  that  had  there  been  no  Queen,  tliere  would 
have  been  no  revolution.  No  force  would  have  been  provoked, 
nor  exercised.  The  King  would  have  gone  hand  in  hand  with  the 
wisdom  of  his  sounder  counsellors,  who,  guided  by  the  increased 
lights  of  the  age,  wished  only,  with  tlie  same  pace,  to  advance  the 
principles  of  tlieir  social  constitution.  The  deed  which  closed  die 
mortal  course  of  these  sovereigns,  I  shall  neither  approve  nor  con- 
demn. I  am  not  prepared  to  say,  that  the  first  magistrate  of  a 
nation  cannot  commit  treason  against  his  country,  or  is  unamena- 
ble to  its  punishment :  nor  yet,  that  where  there  is  no  written  law, 
no  regulated  tribunal,  there  is  not  a  law  in  our  hearts,  and  a  power 
in  our  hands,  given  for  righteous  employment  in  maintaining  right, 
and  redressing  wrong.  Of  those  who  judged  the  King,  many 
thought  him  wilfully  criminal ;  many,  that  his  existence  w^ould  keep 
the  nation  in  perpetual  conflict  with  the  horde  of  Kings,  who 
would  war  against  a  regeneration  which  might  come  home  to 
themselves,  and  that  it  were  better  that  one  should  die  than  all. 
I  should  not  have  voted  with  this  portion  of  die  legislature.  I 
should  have  shut  up  the  Queen  in  a  convent,  putting  harm  out  of 
her  power,  and  placed  the  King  in  his  station,  investing  him  widi 
limited  powers,  which,  I  verily  believe,  he  would  have  honestly 
exercised,  according  to  the  measure  of  his  understanding.  In 
this  way,  no  void  would  have  been  created,  courting  the  usurpa- 
tion of  a  military  adventurer,  nor  occasion  given  for  those  enor- 
mities which  demoralised  the  nations  of  the  world,  and  destroyed, 
and  is  yet  to  destroy,  millions  and  millions  of  its  inhabitants.  There 
are  three  epochs  in  history,  signalized  by  the  total  extinction  of 
national  morality.  The  first  was  of  the  successors  of  Alexander, 
not  omitting  himself :  The  next,  the  successors  of  the  first  Caesar  : 
The  third,  our  own  age.  This  was  begun  by  the  partition  of  Po- 
land, followed  by  that  of  the  treaty  of  Pilnitz  ;  next  the  conflagra- 


83 

tion  of  Copenhagen  ;  then  tlie  enormities  of  Bonaparte,  partition- 
ing the  eartli  at  iiis  will,  and  devastating  it  with  fire  and  sword  ; 
now  the  conspiracy  of  Kings,  the  successors  of  Bonaparte,  blas- 
phemously calling  themselves  the  Holy  Alliance,  and  treading  in 
the  footsteps  of  their  incarcerated  leader  ;  not  yet,  indeed,  usurp- 
ing the  government  of  other  nations,  avowedly  and  in  detail,  but 
controling  by  their  armies  the  forms  in  which  they  will  permit 
them  to  be  governed  ;  and  reserving,  in  petto,  the  order  and  ex- 
tent of  the  usurpations  further  meditated.  But  I  will  return  from 
a  digression,  anticipated,  too,  in  time,  into  which  I  have  been  led 
by  reflection  on  the  criminal  passions  which  refused  to  the  world, 
a  favorable  occasion  of  saving  it  from  the  afflictions  it  has  since 
suffered. 

Mr.  Necker  had  reached  Basle  before  he  was  overtaken  by 
the  letter  of  the  King,  inviting  him  back  to  resume  the  office  he 
had  recently  left.  He  returned  immediately,  and  all  the  other 
ministers  having  resigned,  a  new  administration  was  named,  to  wit : 
St.  Priest  and  Montmorin  were  restored ;  the  Archbishop  of  Bor- 
deaux was  appointed  Garde  des  sceaux.  La  Tour  du  Pin,  Minis- 
ter of  War ;  La  Luzerne,  Minister  of  Marine.  This  last  was  be- 
lieved to  have  been  effected  by  the  friendship  of  Montmorin ;  for 
altliough  differing  in  politics,  they  continued  firm  in  friendship,  and 
Luzerne,  although  not  an  able  man,  was  thought  an  honest  one. 
And  the  Prince  of  Bauvau  was  taken  into  the  Council. 

Seven  Princes  of  tlie  blood  Royal,  six  ex-ministers,  and  many 
of  the  high  Noblesse,  having  fled,  and  the  present  ministers,  ex- 
cept Luzerne,  being  all  of  the  popular  party,  all  the  functionaries" 
of  government  moved,  for  the  present,  in  perfect  harmony. 

In  the  evening  of  August  the  4th,  and  on  the  motion  of  the  Vis- 
count de  Noailles,  brother  in  law  of  La  Fayette,  the  Assembly  abo- 
lished all  titles  of  rank,  all  the  abusive  privileges  of  feudalism,  the 
tythes  and  casuals  of  die  Clergy,  all  Provincial  privileges,  and,  in 
fine,  the  Feudal  regimen  generally.  To  the  suppression  of  tythes, 
the  Abbe  Sieyes  was  vehemently  opposed ;  but  his  learned  and 
logical  arguments  were  unheeded,  and  his  esdmatlon  lessened  by 
a  contrast  of  his  egoism,  (for  he  was  beneficed  on  them)  with  the 
generous  abandonment  of  rights  by  the  other  members  of  the  As- 
sembly. Many  days  were  employed  in  putting  into  the  form  of 
laws,  the  numerous  demolitions  of  antient  abuses ;  which  done, 
they  proceeded  to  the  preliminary  work  of  a  Declaration  of  rights. 
There  being  much  concord  of  sentiment  on  the  elements  of  this 
instrument,  it  was  liberally  framed,  and  passed  with  a  very  gene- 
ral approbafion.  They  then  appointed  a  Committee  for  the  '  re- 
duction of  a  projet'  of  a  constitution,  at  the  head  of  which  was  the 


84 

Archbishop  of  Bordeaux.  I  received  from  him,  as  chairman  of  the 
Committee,  a  letter  of  July  the  20th,  requesting  me  to  attend  and 
assist  at  their  deliberations ;  but  I  excused  myself,  on  the  obvious 
considerations,  that  my  mission  was  to  the  King  as  Chief  Magis- 
ti'ate  of  the  nation,  that  my  duties  were  limited  to  the  concerns  of 
my  own  country,  and  forbade  me  to  intermeddle  with  the  internal 
transactions  of  that,  in  which  I  had  been  received  under  a  specific 
character  only.  Their  plan  of  a  constitution  was  discussed  in 
sections,  and  so  reported  from  time  to  time,  as  agreed  to  by  the 
Committee.  The  first  respected  the  general  frame  of  the  govern- 
ment ;  and  that  this  should  be  formed  into  three  departments, 
Executive,  Legislative  and  Judiciary,  was  generally  agreed.  But 
when  they  proceeded  to  subordinate  developements,  many  and 
various  shades  of  opinion  came  into  conflict,  and  schism,  strongly 
marked,  broke  the  Patriots  into  fragments  of  very  discordant 
principles.  The  first  question.  Whether  there  should  be  a  King? 
met  with  no  open  opposition ;  and  it  was  readily  agreed,  that  the 
government  of  France  should  be  monarchical  and  hereditary. 
Shall  the  King  have  a  negative  on  the  laws  ?  shall  that  negative 
be  absolute,  or  suspensive  only  ?  Shall  tliere  be  two  Chambers  of 
Legislation  ?  or  one  only  ?  If  two,  shall  one  of  them  be  hereditary  ? 
or  for  life  ?  or  for  a  fixed  term  ?  and  named  by  the  King  ?  or 
elected  by  the  people  ?  These  questions  found  strong  differences 
of  opinion,  and  produced  repulsive  combinations  among  the  Patriots. 
The  Aristocracy  was  cemented  by  a  common  principle,  of  pre- 
serving the  antient  regime,  or  whatever  should  be  nearest  to  it. 
Making  this  their  polar  star,  they  moved  in  phalanx,  gave  prepon- 
derance on  every  question  to  the  minorities  of  the  Patriots,  and 
always  to  those  who  advocated  the  least  change.  The  features  of 
the  new  constitution  were  thus  assuming  a  fearful  aspect,  and  great 
alarm  was  produced  among^  the  honest  Patriots  by  tliese  dissen- 
tions  in  their  ranks.  In  this  uneasy  state  of  things,  I  received  one 
day  a  note  from  the  Marquis  de  la  Fayette,  informing  me,  that 
he  should  bring  a  party  of  six  or  eight  friends,  to  ask  a  dinner  of 
me  the  next  day.  I  assured  him  of  their  welcome.  When  they 
arrived,  they  were  La  Fayette  himself,  Duport,  Barnave,  Alex- 
ander la  Meth,  Blacon,  Mounier,  Maubourg,  and  Dagout.  These 
were  leading  Patriots,  of  honest  but  differing  opinions,  sensible  of 
the  necessity  of  effecting  a  coalition  by  mutual  sacrifices,  knowing 
each  other,  and  not  afraid,  therefore,  to  unbosom  themselves  mu- 
tually. This  last  was  a  material  principle  in  the  selection.  With 
this  view,  the  Marquis  had  invited  the  conference,  and  had  fixed 
the  fime  and  place  inadvertently,  as  to  the  embarrassment  under 
which  it  might  place  me.     The  cloth  being  removed,  and  wine 


85  ^ 

set  on  the  table,  after  the  American  manner,  the  Marquis  intro- 
duced the  objects  of  the  conference,  by  summarily  reminding 
them  of  the  state  of  diings  in  the  Assembly,  the  course  which  the 
principles  of  the  Constitution  were  taking,  and  the  inevitable  re- 
sult, unless  checked  by  more  concord  among  the  Pati'iots  them- 
selves. He  observed,  that  although  he  also  had  his  opinion,  he 
was  ready  to  sacrifice  it  to  that  of  his  brethren  of  tlie  same  cause ; 
but  that  a  common  opinion  must  now  be  formed,  or  the  Aristocra- 
cy would  carry  every  thing,  and  that,  whatever  they  should  now 
agree  on,  he,  at  the  head  of  the  National  force,  would  maintain. 
The  discussions,  began  at  tlie  hour  of  four,  and  were  continued 
till  ten  o'clock  in  the  evening  ;  during  which  time,  I  was  a  silent 
witness  to  a  coolness  and  candor  of  argument,  unusual  in  the  con- 
flicts of  political  opinion ;  to  a  logical  reasoning,  and  chaste  elo- 
quence, disfigured  by  no  gaudy  tinsel  of  rhetoric  or  declamation, 
and  truly  w^orthy  of  being  placed  in  parallel  with  the  finest  dia- 
logues of  antiquity,  as  handed  to  us  by  Xenophon,  by  Plato  and 
Cicero.  The  result  was,  tliat  the  King  should  have  a  suspensive 
veto  on  tire  laws,  that  the  legislature  should  be  composed  of  a 
single  body  only,  and  that  to  be  chosen  by  the  people.  This 
Concordate  decided  the  fate  of  tlie  constitution.  The  Patriots  all 
rallied  to  the  principles  thus  settled,  carried  every  question  agree- 
ably to  them,  and  reduced  the  Aristocracy  to  insignificance  and 
impotence.  But  duties  of  exculpation  were  now  incumbent  on 
me.  I  waited  on  Count  Montmorin  the  next  morning,  and  ex- 
plained to  him,  with  trutli  and  candor,  how  it  had  happened  that 
my  house  had  been  made  the  scene  of  conferences  of  such  a 
character.  He  told  me,  he  already  knew  every  diing  which  had 
passed,  that  so  far  from  taking  umbrage  at  the  use  made  of  my 
house  on  that  occasion,  he  earnestly  wished  I  would  habitually 
assist  at  such  conferences,  being  sure  I  should  be  useful  in  mode- 
rating the  warmer  spirits,  and  promoting  a  wholesome  and  practi- 
cable reformation  only.  I  told  him,  I  knew  too  well  the  duties  I 
owed  to  the  King,  to  the  nation,  and  to  my  own  country,  to  take 
any  part  in  councils  concerning  dieir  internal  government,  and  that 
I  should  persevere,  with  care,  in  the  character  of  a  neutral  and 
passive  spectator,  with  wishes  only,  and  very  sincere  ones,  that  those 
measures  might  prevail  which  would  be  for  the  greatest  good  of 
the  nation.  I  have  no  doubt,  indeed,  that  this  conference  was 
previously  known  and  approved  by  this  honest  minister,  who  was 
in  confidence  and  communication  with  the  Patriots,  and  wished 
for  a  reasonable  reform  of  the  Constitution. 

Here  I  discontinue  my  relation  of  the  French  Revolution.     The 
minuteness  with  which  I  have  so  far  given  its  details,  is  dispropor- 


i  86     , 

tioned  to  tlie  general  scale  of  my  narrative.  But  I  have  tliought 
it  justified  by  the  interest  which  the  whole  world  must  take  in  diis 
Revolution.  As  yet,  we  are  but  in  the  first  chapter  of  its  history. 
The  appeal  to  the  rights  of  man,  which  had  been  made  in  the 
United  States,  was  taken  up  by  France,  first  of  the  European 
nations.  From  her,  the  spirit  has  spread  over  diose  of  the  South. 
The  tyrants  of  the  North,  have  allied  indeed  against  it;  but  it  is 
irresistible.  Their  opposition  will  only  multiply  its  millions  of 
human  victims ;  dieir  own  satellites  will  catch  it,  and  the  condi- 
tion of  man  through  the  civilized  world,  will  be  finally  and  greatly 
ameliorated.  This  is  a  wonderful  instance  of  great  events,  from 
small  causes.  So  inscrutable  is  the  arrangement  of  causes  and 
consequences  in  this  world,  that  a  two-penny  duty  on  tea,  unjustly 
imposed  in  a  sequestered  part  of  it,  changes  the  condition  of  all  its 
inhabitants.  I  have  been  more  minute  in  relating  die  early  trans- 
actions of  this  regeneration,  because  I  was  in  circumstances  pecu- 
liarly favorable  for  a  knowledge  of  the  truth.  Possessing  the  con- 
fidence and  intimacy  of  the  leading  Patriots,  and  more  than  all,  of 
the  Marquis  Fayette,  dieir  head  and  Adas,  who  had  no  secrets  from 
me,  I  learned  with  correctness,  the  views  and  proceedings  of  that 
party ;  while  my  intercourse  widi  the  diplomatic  missionaries  of 
Europe  at  Paris,  all  of  them  with  the  court,  and  eager  in  prying 
into  its  councils  and  proceedings,  gave  me  a  knowledge  of  these 
also.  My  informauon  was  alw^ays,  and  immediately  committed  to 
writing,  in  letters  to  Mr.  Jay,  and  often  to  my  friends,  and  a  recur- 
rence to  these  letters,  now  ensures  me  against  errors  of  memory. 
These  opportunides  of  information,  ceased  at  this  period,  widi 
my  retirement  from  this  interesdng  scene  of  action.  I  had  been 
more  than  a  year  soliciting  leave  to  go  home,  with  a  view  to  place 
my  daughters  in  the  society  and  care  of  their  friends,  and  to  re- 
turn for  a  short  dme,  to  my  station  at  Paris.  But  the  metamorpho- 
sis through  which  our  government  was  then  passing  from  its  Chry- 
salid  to  its  Organic  form,  suspended  its  action  in  a  great  degree  ; 
and  it  was  not  till  the  last  of  August,  that  I  received  the  permis- 
sion I  had  asked.  And  here,  I  cannot  leave  this  great  and  good 
country,  without  expressing  my  sense  of  its  pre-eminence  of  cha- 
racter, among  the  nations  of  the  earth.  A  more  benevolent  peo- 
ple I  have  never  known,  nor  greater  warmth  and  devotedness  in  their 
select  friendships.  Their  kindness  and  accommodation  to  stran- 
gers, is  unparalleled,  and  the  hospitality  of  Paris,  is  beyond  any  thing 
1  had  conceived  to  be  practicable  in  a  large  city.  Their  emi- 
nence, too,  in  science,  the  communicative  dispositions  of  their  sci- 
entific men,  the  politeness  of  the  general  manners,  the  ease  and 
vivacity  of  dieir  conversation,  give  a  charm  to  their  society,  to  be 


87 

found  no  where  else.  In  a  comparison  of  this,  with  other  coun- 
tries, we  have  the  proof  of  primacy,  which  w^as  given  to  Themis- 
tocles,  after  the  battle  of  Salamis.  Every  general  voted  to  him- 
self the  first  reward  of  valor,  and  the  second  to  Themistocles. 
So,  ask  the  traveled  inhabitant  of  any  nation,  in  what  country  on 
earth  would  you  rather  live  ? — Certainly,  in  my  own,  where  are  all 
my  friends,  my  relations,  and  the  earliest  and  sweetest  affections, 
and  recollections  of  my  life.  Which  would  be  your  second  choice  ? 
France. 

On  the  26th  of  September,  I  left  Paris  for  Havre,  where  I  was 
detained  by  contrary  winds,  until  the  8th  of  October.  On  that 
day,  and  the  9th,  I  crossed  over  to  Cowes,  where  I  had  engaged 
the  Clermont,  Capt.  Colley,  to  touch  for  me.  She  did  so ;  but 
here  again  we  were  detained  by  contrary  winds,  until  the  22nd, 
when  we  embarked,  and  landed  at  Norfolk  on  the  23rd  of  Novem- 
ber. On  my  way  home,  I  passed  some  days  at  Eppington,  in 
Chesterfield,  the  residence  of  my  friend  and  connection,  Mr. 
Eppes ;  and,  while  there,  I  received  a  letter  from  the  President, 
Genera]  Washington,  by  express,  covering  an  appointment  to  be 
Secretary  of  State.*  I  received  it  with  real  regret.  My  wish 
had  been  to  return  to  Paris,  where  I  had  left  my  household  esta- 
blishment, as  if  there  myself,  and  to  see  the  end  of  the  Revolution, 
which,  I  then  thought,  would  be  certainly  and  happily  closed  in  less 
than  a  year.  I  then  meant  to  return  home,  to  withdraw  from  po- 
litical life,  into  which  I  had  been  impressed  by  the  circumstances 
of  the  times,  to  sink  into  the  bosom  of  my  family  and  friends,  and 
devote  myself  to  studies,  more  congenial  to  my  mind.  In  my 
answer  of  December  15th,  I  expressed  these  dispositions  candidly 
to  the  President,  and  my  preference  of  a  return  to  Paris ;  but  as- 
sured him,  that  if  it  was  believed  I  could  be  more  useful  in  the 
administration  of  the  government,  I  would  sacrifice  my  own  incli- 
nations without  hesitation,  and  repair  to  that  destination  :  this  I  left 
to  his  decision.  1  arrived  at  Monticello  on  the  23d  of  December, 
where  I  received  a  second  letter  from  the  President,  expressing 
his  continued  wish,  that  I  should  take  my  station  there,  but  leaving 
me  still  at  liberty  to  continue  in  my  former  office,  if  I  could  not 
reconcile  myself  to  tliat  now  proposed.  This  silenced  my  re- 
luctance, and  I  accepted  the  new  appointment. 

In  tlie  interval  of  my  stay  at  home,  my  eldest  daughter  had 
been  happily  married  to  the  eldest  son  of  the  Tuckahoe  branch  of 
Randolphs,  a  young  gentleman  of  genius,  science,  and  honorable 
mind,  who  afterwards  filled  a  dignified  station  in  the  General  Go- 

[*  See  Appendix,  note  H,] 


88 

vernment,  and  the  most  dignified  in  his  own  State.  I  left  Monti- 
cello  on  the  1st  of  March,  1790,  for  New  York.  At  Philadelphia 
I  called  on  tlie  venerable  and  beloved  Franklin.  He  was  then  on 
the  bed  of  sickness  from  which  he  never  rose.  My  recent  return 
from  a  country  in  which  he  had  left  so  many  friends,  and  the  peri- 
lous convulsions  to  which  they  had  been  exposed,  revived  all  his 
anxieties  to  know  what  part  they  had  taken,  what  had  been  their 
course,  and  what  their  fate.  He  went  over  all  in  succession, 
with  a  rapidity  and  animation,  almost  too  much  for  his  strengdi. 
When  all  his  enquiries  were  satisfied,  and  a  pause  tool:  place,  I 
told  him  I  had  learned  with  much  pleasure  that,  since  his  return  to 
America,  he  had  been  occupied  in  preparing  for  the  world,  the 
history  of  his  own  life.  I  cannot  say  much  of  that,  said  he ;  but 
I  will  give  you  a  sample  of  what  I  shall  leave  :  and  he  directed 
his  little  grandson  (William  Bache)  who  was  standing  by  the  bed- 
side, to  hand  him  a  paper  from  the  table,  to  which  he  pointed. 
He  did  so  ;  and  the  Doctor  putting  it  into  my  hands,  desired  me  to 
take  it,  and  read  it  at  my  leisure.  It  was  about  a  quire  of  folio 
paper,  written  in  a  large  and  running  hand,  very  like  his  own.  I 
looked  into  it  slightly,  then  shut  it,  and  said  I  would  accept  his  per- 
mission to  read  it,  and  would  carefully  return  it.  He  said,  '  no, 
keep  it.'  Not  certain  of  his  meaning,  I  again  looked  into  it, 
folded  it  for  my  pocket,  and  said  again,  I  would  certainly  return 
it.  '  No,'  said  he,  *  keep  it.'  I  put  it  into  my  pocket,  and  shortly 
after,  took  leave  of  him.  He  died  on  the  17th  of  the  ensuing 
month  of  April ;  and  as  I  understood  that  he  had  bequeathed  all 
his  papers  to  his  grandson,  William  Temple  Franklin,  I  immedi- 
ately wrote  to  Mr.  Franklin,  to  inform  him  I  possessed  this  paper, 
which  I  should  consider  as  his  property,  and  w^ould  deliver  to  his 
order.  He  came  on  immediately  to  New  York,  called  on  me  for 
it,  and  I  delivered  it  to  him.  As  he  put  it  into  his  pocket,  he  said 
carelessly,  he  had  pither  the  original,  or  another  copy  of  it,  I  do 
not  recollect  which.  This  last  expression  struck  my  attention 
forcibly,  and  for  the  first  time  suggested  to  me  the  thought, 
that  Dr.  Franklin  had  meant  it  as  a  confidential  deposite  in  my 
hands,  and  that  I  had  done  wrong  in  parting  from  it.  I  have  not 
yet  seen  the  collection  he  published  of  Dr.  Franklin's  works,  and 
therefore,  know  not  if  this  is  among  them.  I  have  been  told  it  is 
not.  It  contained  a  narrative  of  the  negotiations  between  Dr. 
Franklin  and  the  British  Ministry,  when  he  was  endeavoring  to 
prevent  the  contest  of  arms  which  followed.  The  negotiation 
was  brought  about  by  the  intervention  of  Lord  Howe  and  his  sis- 
ter, who,  I  believe,  was  called  Lady  Howe,  but  I  may  misremem- 
ber  her.  tide.     Lord  Howe  seems  to  have  been  friendly  to  Ame- 


89 

rica,  and  exceedingly  anxious  to  prevent  a  rupture.  His  intimacy 
with  Dr.  Franklin,  and  his  position  with  the  Ministry,  induced  him 
to  undertake  a  mediation  between  them ;  in  which  his  sister  seemed 
to  have  been  associated.  They  carried  from  one  to  the  other,  back- 
wards and  forwards,  the  several  propositions  and  answers  which 
passed,  and  seconded  with  their  own  intercessions,  the  importance  of 
mutual  sacrifices,  to  preserve  the  peace  and  connection  of  the 
two  countries.  I  remember  that  Lord  North's  answers  were  dry, 
unyielding,  in  the  spirit  of  unconditional  submission,  and  betrayed 
an  absolute  indifference  to  the  occurrence  of  a  rupture ;  and  he 
said  to  the  mediators  distinctly,  at  last,  that  '  a  rebellion  was  not  to 
be  deprecated  on  the  part  of  Great  Britain  ;  that  the  confiscations 
it  would  produce,  would  provide  for  many  of  their  friends.'  This 
expression  was  reported  by  the  mediators  to  Dr.  Franklin,  and 
indicated  so  cool  and  calculated  a  purpose  in  the  Ministry,  as  to 
render  compromise  hopeless,  and  the  negotiation  was  discontinued. 
If  this  is  not  among  the  papers  published,  we  ask,  what  has  be- 
come of  it  ?  I  delivered  it  with  my  own  hands,  into  those  of  Tem- 
ple Franklin.  It  certainly  established  views  so  atrocious  in  the 
British  government,  that  its  suppression  would,  to  them,  be  worth 
a  great  price.  But  could  the  grandson  of  Dr.  Franklin,  be  in 
such  degree,  an  accomplice  in  the  parricide  of  the  memory  of 
his  immortal  grandfather  ?  The  suspension  for  more  than  twenty 
years,  of  the  general  publication,  bequeathed  and  confided  to  him, 
produced  for  a  while,  hard  suspicions  against  him  :  and  if,  at  last, 
all  are  not  published,  a  part  of  these  suspicions  may  remain  with 
some. 

I  arrived  at  New  York  on  the  2 1st  of  March,  where  Congress 
was  in  session.> 


VOL.  I.  12 


#  r 


i 


'^. 


APPENDIX 


[Note  A.] 
Letter  to  John  Saunderson,  Esq, 

Monticello,  August  31, 1820. 
Sir, 

Your  letter  of  the  19th  was  received  in  due  time,  and  I  wish  it 
were  in  my  power  to  furnish  you  more  fully,  than  in  the  enclosed 
paper,  with  materials  for  the  biography  of  George  Wythe ; 
but  I  possess  none  in  writing,  am  very  distant  from  the  place  of 
his  birth  and  early  life,  and  know  noi  a  single  person  in  that  quar- 
ter from  whom  enquiry  could  be  made,  witli  the  expectation  of 
collecting  any  thing  material.  Add  to  this,  that  feeble  health  dis- 
ables me,  almost,  from  writing ;  and,  entirely,  from  the  labor  of  going 
into  difficult  research.  I  became  acquainted  with  Mr.  Wythe 
when  he  was  about  thirty-five  years  of  age.  He  directed  my 
studies  in  the  law,  led  me  into  business,  and  continued,  until  death, 
my  most  affectionate  friend.  A  close  intimacy  with  him,  during 
that  period  of  forty  odd  years,  the  most  important  of  his  life,  ena- 
bles me  to  state  its  leading  facts,  which,  being  of  my  own  know- 
ledge, I  vouch  their  truth.  Of  what  precedes  that  period,  I  speak 
from  hearsay  only,  in  which  there  may  be  error,  but  of  little  ac- 
count, as  the  character  of  the  facts  will  themselves  manifest.  In 
the  epoch  of  his  birth  I  may  err  a  litde,  stating  that  from  the  re- 
collection of  a  particular  incident,  the  date  of  which,  within  a  year 
or  two,  I  do  not  distinctly  remember.  These  scanty  outliifes,  you 
will  be  able,  I  hope,  to  fill  up  from  other  information,  and  they 
may  serve  you,  sometimes,  as  landmarks  to  distinguish  truth  from 
error,  in  what  you  hear  from  others.  The  exalted  virtue  of  the 
man,  will  also  be  a  polar  star  to  guide  you  in  all  matters  which 
may  touch  that  element  of  his  character.  But  on  that  you  will 
receive  imputation  from  no  man  ;  for,  as  far  as  I  know,  he  never 
had  an  enemy.  Little  as  I  am  able  to  contribute  to  the  just  repu- 
tation of  diis  excellent  man,  it  is  the  act  of  my  life  most  gratifying 
to  my  heart :  and  leaves  me  only  to  regret  that  a  waning  memory 
can  do  no  more. 


92 

Of  Mr.  Hancock  I  can  say  nothing,  having  known  him  only 
in  the  chair  of  Congress.  Having  myself  been  the  youngest  man, 
but  one,  in  that  body,  the  disparity  of  age  prevented  any  particular 
intimacy.  But  of  him  there  can  be  no  difficulty  in  obtaining  full 
information  in  the  North. 

I  salute  you,  Sir,  widi  sentiments  of  great  respect. 

Th:  Jefferson. 

JYoteSjfor  the  Biography  of  George  Wythe, 

George  Wythe  was  born  about  the  year  1727,  or  1728,  of  a  re- 
spectable family  in  the  county  of  Elizabeth  City,  on  the  shores  of 
the  Chesapeake.  He  inherited,  from  his  father,  a  fortune  suffi- 
cient for  independence  and  ease.  He  had  not  the  benefit  of  a 
regular  education  in  the  schools,  but  acquired  a  good  one  of  him- 
self, and  without  assistance ;  insomuch,  as  to  become  the  best  Latin 
and  Greek  scholar  in  the  state.  It  is  said,  that  while  reading  the 
Greek  Testament,  his  mother  held  an  English  one,  to  aid  him  in 
rendering  the  fJreek  text  conformably  with  that.  He  also  acquir- 
ed, by  his  own  reading,  a  good  knowledge  of  Mathematics,  and  of 
Natural  and  Moral  Philosophy.  He  engaged  in  the  study  of  the 
law  under  the  direction  of  a  Mr.  Lewis,  of  that  profession,  and 
went  early  to  the  bar  of  the  General  Court,  then  occupied  by  men 
of  great  ability,  learning  and  dignity  in  their  profession.  He  soon 
became  eminent  among  them,  and,  in  process  of  time,  the  first  at 
the  bar,  taking  into  consideration  his  superior  learning,  correct 
elocution,  and  logical  style  of  reasoning ;  for  in  pleading  he  never 
indulged  himself  with  an  useless  or  declamatory  thought  or  word  ; 
and  became  as  distinguished  by  correcmess  and  purity  of  conduct 
in  his  profession,  as  he  was  by  his  industry  and  fidelity  to  those 
who  employed  him.  He  was  early  elected  to  the  House  of  Re- 
presentatives, then  called  the  House  of  Burgesses,  and  continued  in 
it  until  the  Revolution.  On  the  first  dawn  of  that,  instead  of  hig- 
gling on  half-way  principles,  as  others  did  who  feared  to  follow 
their  reason,  he  took  his  stand  on  the  solid  ground,  that  the  only 
link  of  political  union  between  us  and  Great  Britain,  was  tlie  iden- 
tity of  our  Executive  ;  that  that  nation  and  its  ParKament  had  no 
more  authority  over  us,  dian  we  had  over  them,  and  that  we  were 
co-ordinate  nations  with  Great  Britain  and  Hanover. 

In  1774,  he  was  a  member  of  a  Committee  of  the  House  of 
Burgesses,  appointed  to  prepare  a  Petition  to  the  King,  a  Memorial 
to  the  House  of  Lords,  and  a  Remonstrance  to  the  House  of  Com- 
mons, on  the  subject  of  the  proposed  Stamp  Act.  He  was  made 
draughtsman  of  the  last,  and,  following  his  own  principles,  he  so 


93 

far  overwent  the  timid  hesitations  of  his  colleagues,  that  his  draught 
was  subjected  by  them  to  material  modifications ;  and,  when  3ie 
famous  Resolutions  of  Mr.  Henry,  In  1775,  were  proposed,  it  was 
not  on  any  difference  of  principle  that  they  were  opposed  by 
Wythe,  Randolph,  Pendleton,  Nicholas,  Bland  and  other  worthies, 
who  had  long  been  the  habitual  leaders  of  the  House ;  but  because 
those  papers  of  the  preceding  session,  had  already  expressed  the 
same  sentiments  and  assertions  of  right,  and  that  an  answer  to  them 
was  yet  to  be  expected. 

In  August,  1775,  he  was  appointed  a  member  of  Congress,  and 
In  1776,  signed  the  Declaration  of  Independence,  of  which  he 
had,  in  debate,  been  an  eminent  supporter.  And  subsequently.  In 
the  same  year,  he  was  appointed,  by  the  Legislature  of  Virginia, 
one  of  a  Committee  to  revise  the  laws  of  the  state,  as  well  of  Bri- 
tish, as  of  Colonial  enactment,  and  to  prepare  bills  for  re-enacting 
them,  with  such  alterations  as  the  change  in  the  form  and  princi- 
ples of  the  government,  and  other  circumstances,  required  :  and 
of  this  work,  he  executed  the  period  commencing  with  the  revolu- 
tion in  England,  and  ending  with  the  establishment  of  the  new 
government  here ;  excepting  the  Acts  for  regulating  descents,  for 
religious  freedom,  aiyi  for  proportioning  crimes  and  punishments. 
In  1777,  he  was  chosen  speaker  of  the  House  of  Delegates,  be- 
ing of  distinguished  learning  in  Parliamentary  law  and  proceedings  j 
and  towards  the  end  of  the  same  year,  he  was  appointed  one  of 
the  three  Chancellors,  to  whom  that  department  of  the  Judiciary 
was  confided,  on  the  first  organization  of  the  new  government. 
On  a  subsequent  change  of  the  form  of  that  court,  he  was  appoint- 
ed sole  Chancellor,  in  which  office  he  continued  to  act  until  his 
death,  which  happened  In  June,  1 806,  about  the  seventy-eighth  or 
seventy-ninth  year  of  his  age. 

Mr.  Wythe  had  been  twice  married  ;  first,  I  believe,  to  a  daugh- 
ter of  Mr.  Lewis,  with  whom  he  had  studied  law,  and  afterwards, 
to  a  Miss  Taliaferro,  of  a  wealthy  and  respectable  family,  in  the 
neighborhood  of  Williamsburg ;  by  neither  of  whom  did  he  leave 
issue. 

No  man  ever  left  behind  him  a  character  more  venerated  than 
George  Wythe.  His  virtue  was  of  the  purest  tint ;  his  Integrity 
Inflexible,  and  his  justice  exact ;  of  warm  patriotism,  and,  devoted 
as  he  was  to  liberty,  and  the  natural  and  equal  rights  of  man,  he 
might  truly  be  called  the  Cato  of  his  country,  without  the  avarice 
of  the  Roman  ;  for  a  more  disinterested  person  never  lived.  Tem- 
perance and  regularity  In  all  his  habits,  gave  him  general  good 
health,  and  his  unaffected  modesty  and  suavity  of  manners,  endear- 
ed him  to  every  one.     He  was  of  easy  elocution,  his  language 


1 


>*^"» 


94 

chaste,  methodical  in  the  arrangement  of  his  matter,  learned  and 
logical  in  the  use  of  it,  and  of  great  urbanity  in  debate ;  not  quick 
of  apprehension,  but,  with  a  little  time,  profound  in  penetration, 
and  sound  in  conclusion.  In  his  philosophy  he  was  firm,  and 
neither  troubling,  nor  perhaps  trusting,  any  one  with  his  religious 
creed,  he  left  the  world  to  the  conclusion,  that  that  religion  must 
be  good  which  could  produce  a  life  of  such  exemplary  virtue. 

His  stature  was  of  the  middle  size,  well  formed  and  proportion- 
ed, and  the  features  of  his  face  were  manly,  comely  and  engaging. 
Such  was  George  Wythe,  the  honor  of  his  own,  and  the  model  of 
future  times. 


[Note  B.] 
Letter  to  Samuel  A,  Wells,  Esq. 

Monticello,  May  12, 1819. 

Sir, 

An  absence,  of  some  time,  at  an  occasional  and  distant  residence, 
must  apologise  for  the  delay  in  acknowledging  the  receipt  of  your 
favor  of  April  12  ;  and,  candor  obliges  me- to  add,  that  it  has  been 
somewhat  extended  by  an  aversion  to  writing,  as  well  as  to  calls  on 
my  memory,  for  facts  so  much  obliterated  from  it  by  time,  as  to  les- 
sen my  own  confidence  in  the  traces  which  seem  to  remain.  One 
of  the  enquiries  in  your  letter,  however,  may  be  answered  without 
an  appeal  to  the  memory.  It  is  that  respecting  the  question, 
whether  committees  of  correspondence  originated  in  Virginia,  or 
Massachusetts  ?  on  which  you  suppose  me  to  have  claimed  it  for 
Virginia ;  but  certainly  I  have  never  made  such  a  claim.  The 
idea,  I  suppose,  has  been  taken  up  from  what  is  said  in  Wirt's 
history  of  Mr.  Henry,  page  87,  and  from  an  inexact  attention 
to  its  precise  terms.  It  is  there  said,  *  this  House  (of  Burgesses, 
of  Virginia)  had  the  merit  of  originating  that  powerful  engine  of 
resistance,  corresponding  committees  between  the  legislatures  of 
the  different  colonies.''  That  the  fact,  as  here  expressed,  is  true, 
your  letter  bears  witness,  when  it  says,  that  the  resolutions  of  Vir- 
ginia, for  this  purpose,  were  transmitted  to  the  speakers  of  the 
different  assemblies,  and  by  that  of  Massachusetts,  was  laid,  at  the 
next  session,  before  that  body,  who  appointed  a  committee  for  the 
specified  object :  adding,  '  thus,  in  Massachusetts,  there  were  two 
committees  of  correspondence,  one  chosen  by  the  people,  the 
other  appointed  by  the  House  of  Assembly ;  in  the  former,  Mas- 


f 


95 

sachusetts  preceded  Virginia;  in  the  latter,  Virginia  preceded 
Massachusetts.'     To  the  origination  of  committees  for  tlie  interior 
correspondence  between  the  counties  and  towns  of  a  state,  I  know 
of  no  claim  on  the  part  of  Virginia ;  and  certainly  none  was  ever 
made  by   myself.      1  perceive,  however,  one  error,  into  which 
memory  had  led  me.     Our  committee  for  national  correspondence, 
was  appointed  in  March,  '73,  and  I  well  remember,  that  going  to 
Williamsburg,  in  the  month  of  June  following,  Peyton  Randolph, 
our  chairman,  told  me  that  messengers  bearing  despatches  between 
the  two  states,  had  crossed  each  other  by  the  way,  that  of  Virginia 
carrying  our  propositions  for  a  committee  of  national  correspond- 
ence, and  that  of  Massachusetts,  bringing,  as  my  memory  sug- 
gested, a  similar  proposition.     But  here  1  must  have  misremem- 
bered ;  and  the  resolutions  brought  us  from  Massachusetts,  were 
probably  those  you  mention  of  the  town  meeting  of  Boston,  on 
the  motion  of  Mr.  Samuel  Adams,  appointing  a  committee  '  to 
state  the  rights  of  the  colonists,  and  of  that  province  in  particular, 
and  the  infringements  of  them ;  to  communicate  them  to  the  seve- 
ral towns,  as  the  sense  of  the  town  of  Boston,  and  to  request,  of 
each  town,  a  free  communication  of  its  sentiments  on  this  subject.' 
I  suppose,  therefore,  that  these  resolutions  were  not  received, 
as  you   think,  while  the   House  of  Burgesses  was  in  session  in 
March,  1773,  but  a  few  days  after  we  rose,  and  were  probably 
what  was  sent  by  the  messenger,  who  crossed  ours  by  the  way. 
They  may  however,  have  been  still  different.     I  must,  therefore, 
have  been  mistaken  in  supposing,  and  stating  to  Mr.  Wirt,  that  the 
proposition  of  a  committee  for  national  correspondence,  was  nearly 
simultaneous  in  Virginia  and  Massachusetts. 

A  similar  misapprehension  of  another  passage  in  Mr.  Wirt's 
book,  for  which  I  am  also  quoted,  has  produced  a  similar  recla- 
mation on  the  part  of  Massachusetts,  by  some  of  her  most  distin- 
guished and  estimable  citizens.  I  had  been  applied  to  by  Mr. 
Wirt,  for  such  facts  respecting  Mr.  Henry,  as  my  intimacy  with 
him,  and  participation  in  the  transactions  of  the  day,  might  have 
placed  within  my  knowledge.  I  accordingly  committed  them  to 
paper ;  and  Virginia  being  the  theatre  of  his  action,  was  the  only 
subject  within  my  contemplation.  While  speaking  of  him,  of  tlie 
resolutions  and  measures  here,  in  which  he  had  the  acknowledged 
lead,  I  used  the  expression  that  *  Mr.  Henry  certainly  gave  the  first 
impulse  to  the  ball  of  revolution.'  [Wirt,  page  41.]  The  ex- 
pression is  indeed  general,  and  in  all  its  extension,  would  compre- 
hend all  the  sister  states ;  but  indulgent  construction  would  restrain 
it,  as  was  really  meant,  to  the  subject  matter  under  contemplation, 
which  was  Virginia  alone ;  according  to  the  rule  of  the  lawyers, 


90 

and  a  fair  canon  of  general  criticism,  that  every  expression  should 
be  construed  secundum  subjectam  materiam.  Where  the  first  at- 
tack was  made,  there  must  have  been  of  course,  the  first  act  of 
resistance,  and  that  was  in  Massachusetts.  Our  first  overt  act  of 
war,  was  Mr.  Henry's  embodying  a  force  of  militia  from  several 
counties,  regularly  armed  and  organised,  marching  tliem  in  military 
array,  and  making  reprisal  on  the  King's  treasury  at  the  seat  of 
government,  for  the  public  powder  taken  away  by  his  Governor. 
This  was  on  the  last  days  of  April,  1775.  Your  formal  battle  of 
Lexington,  was  ten  or  twelve  days  before  that,  and  greatly  over- 
shadowed in  importance,  as  it  preceded  in  time,  our  little  affray, 
which  merely  amounted  to  a  levying  of  arms  against  the  King ; 
and  very  possibly,  you  had  had  military  affrays  before  the  regular 
batde  of  Lexington. 

These  explanations  will,  I  hope,  assure  you.  Sir,  that  so  far  as 
either  facts  or  opinions  have  been  truly  quoted  from  me,  they  have 
never  been  meant  to  intercept  the  just  fame  of  Massachusetts,  for 
the  promptitude  and  perseverance  of  her  early  resistance.  We 
willingly  cede  to  her  the  laud  of  having  been  (although  not  exclu- 
sively) '  the  cradle  of  sound  principles,'  and,  if  some  of  us  believe 
she  has  deflected  from  them  in  her  course,  we  retain  full  confi- 
dence in  her  ultimate  return  to  them. 

.  I  will  now  proceed  to  your  quotation  from  Mr.  Galloway's  state- 
ment of  what  passed  in  Congress,  on  their  Declaration  of  Inde- 
pendence ;  in  which  statement  there  is  not  one  word  of  truth,  and 
where  bearing  some  resemblance  to  truth,  it  is  an  entire  perversion 
of  it.  I  do  not  charge  this  on  Mr.  Galloway  himself;  his  deser- 
tion having  taken  place  long  before  these  measures,  he  doubdess 
received  his  information  from  some  of  the  loyal  friends  whom  he 
left  behind  him.  But  as  yourself,  as  well  as  others,  appear  em- 
barrassed by  inconsistent  accounts  of  the  proceedings  on  that  me- 
morable occasion,  and  as  those  who  have  endeavored  to  restore  the 
truth,  have  themselves  committed  some  errors,  I  will  give  you  some 
extracts  from  a  written  document  on  that  subject ;  for  the  truth  of 
which,  I  pledge  myself  to  heaven  and  earth ;  having,  while  the 
question  of  Independence  was  under  consideration  before  Con- 
gress, taken  written  notes,  in  my  seat,  of  what  was  passing,  and 
reduced  them  to  form  on  the  final  conclusion.  I  have  now  before 
me  that  paper,  from  which  the  following  are  extracts.  'Fri- 
day, June  7th,  1776.  The  delegates  from  Virginia  moved,  in 
obedience  to  instructions  from  their  constituents,  that  the  Con- 
gress should  declare  diat  these  United  Colonies  are,  and  of  right 
ought  to  be,  free  and  independent  states ;  that  they  are  absolved 
from  all  allegiance  to  the  British  crown,  and  that  all  political  con- 


97 

nection  between  them  and  the  state  of  Great  Britain  is,  and  ought 
to  be  totally  dissolved ;  that  measures  should  be  immediately  taken 
for  procuring  the  assistance  of  foreign  powers,  and  a  Confederation 
be  formed  to  bind  the  colonies  more  closely  together.  The  House 
being  obliged  to  attend  at  that  time  to  some  other  business,  the 
proposition  was  referred  to  the  next  day,  when  the  members  were 
ordered  to  attend  punctually  at  ten  o'clock.  Saturday,  June  8th. 
They  proceeded  to  take  it  into  consideration,  and  referred  it  to  a 
committee  of  the  whole,  into  which  they  immediately  resolved  them- 
selves, and  passed  that  day  and  Monday,  the  10th,  in  debating  on 
the  subject. 

It  appearing,  in  the  course  of  these  debates,  that  the  colonies 
of  New  York,  New  Jersey,  Pennsylvania,  Delaware,  Maryland 
and  South  Carolina,  were  not  yet  matured  for  falling  from  the 
parent  stem,  but  that  they  were  fast  advancing  to  that  state,  it 
was  thought  most  prudent  to  wait  a  while  for  them,  and  to  post- 
pone the  final  decision  to  July  1st.  But,  that  this  might  occasion 
as  little  delay  as  possible,  a  Committee  was  appointed  to  prepare 
a  Declaration  of  Independence.  The  Committee  were  John 
Adams,  Dr.  Franklin,  JRoger  Sherman,  Robert  R.  Livingston  and 
myself.  This  was  reported  to  the  House  on  Friday  the  28th  of 
June,  when  it  was  read  and  ordered  to  lie  on  the  table.  On 
Monday,  the  1st  of  July,  the  House  resolved  itself  into  a  Com- 
mittee of  the  whole,  and  resumed  the  consideration  of  the  original 
motion  made  by  the  delegates  of  Virginia,  which,  being  again  de- 
bated through  the  day,  was  carried  in  the  affirmative  by  the  votes 
of  New  Hampshire,  Connecticut,  Massachusetts,  Rhode  Island, 
New  Jersey,  Maryland,  Virginia,  North  Carolina  and  Georgia. 
South  Carolina  and  Pennsylvania  voted  against  it.  Delaware 
had  but  two  members  present,  and  they  were  divided.  The  dele- 
gates from  New  York  declared  they  were  for  it  themselves,  and 
were  assured  their  constituents  were  for  it ;  but  that  their  instruc- 
tions having  been  drawn  near  a  twelvemonth  before,  when  recon- 
ciliation was  still  the  general  object,  they  were  enjoined  by  them, 
to  do  nothing  which  should  impede  that  object.  They,  tlierefore, 
thought  themselves  not  justifiable  in  voting  on  either  side,  and  asked 
leave  to  withdraw  from  the  question,  which  was  given  them.  The 
Committee  rose,  and  reported  their  resolution  to  the  House.  Mr. 
Rudedge,  of  South.  Carolina,  then  requested  the  determination 
might  be  put  off  to  the  next  day,  as  he  believed  his  colleagues, 
though  they  disapproved  of  the  resolution,  would  tlien  join  in  it 
for  the  sake  of  unanimity.  The  ultimate  question,  whether  the 
House  would  agree  to  the  resolution  of  the  Committee,  was  ac- 
cordingly postponed  to  the  next  day,  when  it  was  again  moved,  and 

VOL.  I.  13 


^        98 

South  Carolina  concurred  in  voting  for  it.  In  the  mean  time,  a 
third  member  had  come  post  from  the  Delaware  counties,  and 
turned  the  vote  of  that  colony  in  favor  of  the  resolution.  Members 
of  a  different  sentiment  attending  that  morning  from  Pennsylvania 
also,  her  vote  was  changed  ;  so  that  the  whole  twelve  colonies, 
who  were  authorised  to  vote  at  all,  gave  their  votes  for  it ;  and 
within  a  few  days  [July  9th]  the  convention  of  New  York  ap- 
proved of  it,  and  thus  supplied  the  void  occasioned  by  the  with- 
drawing of  their  delegates  from  the  vote.'  [Be  careful  to  observe, 
that  this  vacillation  and  vote  were  on  the  original  motion  of  the  7th 
of  June,  by  the  Virginia  delegates,  that  Congress  should  declare 
the  colonies  independent.]  '  Congress  proceeded,  the  same  day, 
to  consider  the  Declaration  of  Independence,  which  had  been  re- 
ported and  laid  on  the  table  the  Friday  preceding,  and  on  Monday, 
referred  to  a  Committee  of  the  whole.  The  pusillanimous  idea, 
that  we  had  friends  in  England  worth  keeping  terms  with,  still 
haunted  the  minds  of  many.  For  this  reason,  those  passages 
which  conveyed  censures  on  the  people  of  England  were  struck 
out,  lest  they  should  give  them  offence.  The  debates  having  ta- 
ken up  the  greater  parts  of  the  second,  third  and  fourth  days  of 
July,  were,  in  the  evening  of  the  last,  closed  :  the  Declaration  was 
reported  by  the  Committee,  agreed  to  by  the  House,  and  signed 
by  every  member  present  except  Mr.  Dickinson.'    So  far  my  notes. 

Governor  M'Kean,  in  his  letter  to  McCorkle  of  July  16th, 
1817,  has  thrown  some  lights  on  the  transactions  of  that  day  :  but, 
trusting  to  his  memory  chiefly,  at  an  age  when  our  memories  are 
not  to  be  trusted,  he  has  confounded  two  questions,  and  ascribed 
proceedings  to  one  which  belonged  to  the  other.  These  two 
questions  were,  1st,  the  Virginia  motion  of  June  the  7th,  to  declare 
Independence ;  and  2nd,  the  actual  Declaration,  its  matter  and  form. 
Thus  he  states  the  question  on  the  Declaration  itself,  as  decided 
on  the  1st  of  July;  but  it  was  the  Virginia  motion  which  was  voted 
on  that  day  in  committee  of  the  whole  ;  South  Carolina,  as  well  as 
Pennsylvania  then  voting  against  it.  But  the  ultimate  decision  in 
the  House,  on  the  report  of  the  Committee,  being,  by  request, 
postponed  to  the  next  morning,  all  the  states  voted  for  it,  except 
New  York,  whose  vote  was  delayed  for  the  reason  before  stated. 
It  was  not  till  the  2nd  of  July,  that  the  Declaration  itself  was  taken 
up ;  nor  till  the  4th,  that  it  was  decided,  and  it  was  signed  by 
every  member  present,  except  Mr.  Dickinson. 

The  subsequent  signatures  of  members  who  were  not  then  pre- 
sent, and  some  of  them  not  yet  in  office,  is  easily  explained,  if  we 
observe  who  they  were  ;  to  wit,  that  they  were  of  New  York  and 
Pennsylvania.     New  York  did  not  sign  till  the  15th,  because  it 


99 

was  not  till  the  9th,  (five  days  after  the  general  signature)  that 
their  Convention  authorised  them  to  do  so.  The  Convention  of 
Pennsylvania,  learning  that  it  had  been  signed  by  a  minority  only 
of  their  delegates,  named  a  new  delegation  on  the  20th,  leaving 
out  Mr.  Dickinson,  who  had  refused  to  sign.  Willing  and  Hum- 
phreys who  had  withdrawn,  re-appointing  the  three  members  who 
had  signed,  Morris,  who  had  not  been  present,  and  five  new  ones, 
to  wit,  Rush,  Clymer,  Smith,  Taylor  and  Ross :  and  Morris,  and 
the  five  new  members  were  permitted  to  sign,  because  it  mani- 
fested the  assent  of  their  full  delegation,  and  die  express  will  of 
their  Convention,  which  might  have  been  doubted  on  the  former 
signature  of  a  minority  only.  Why  the  signature  of  Thornton,  of 
New  Hampshire,  was  permitted  so  late  as  the  4th  of  November,  I 
cannot  now  say ;  but  undoubtedly  for  some  particular  reason, 
which  we  should  find  to  have  been  good,  had  it  been  expressed. 
These  were  the  only  post-signers,  and  you  see,  Sir,  that  there 
were  solid  reasons  for  receiving  those  of  New  York  and  Pennsyl- 
vania, and  that  this  circumstance  in  no  wise  affects  the  faith  of 
this  Declaratory  Charter  of  our  rights,  and  of  tlie  rights  of  man. 

With  a  view  to  correct  errors  of  fact  before  they  become  inve- 
terate by  repetition,  I  have  stated  what  I  find  essentially  material 
in  my  papers,  but  with  that  brevity,  which  the  labour  of  writing 
constrains  me  to  use. 

On  the  four  particular  articles  of  enquiry  in  your  letter,  respect- 
ing your  grandfather,  the  venerable  Samuel  Adams,  neither  me- 
mory nor  memorandums  enable  me  to  give  any  information.  I 
can  say  that  he  was  truly  a  great  man,  wise  in  council,  fertile  in 
resources,  immoveable  in  his  purposes,  and  had,  I  think,  a  greater 
share  than  any  other  member,  in  advising  and  directing  our  mea- 
sures, in  the  Northern  war.  As  a  speaker,  he  could  not  be  com- 
pared with  his  living  colleague  and  namesake,  whose  deep  concep- 
tions, nervous  style,  and  undaunted  firmness,  made  him  truly  our 
bulwark  in  debate.  But  Mr.  Samuel  Adams,  although  not  of 
fluent  elocution,  was  so  rigorously  logical,  so  clear  in  his  views, 
abundant  in  good  sense,  and  master  always  of  his  subject,  that  he 
commanded  the  most  profound  attention  whenever  he  rose  in  an 
assembly,  by  which  the  froth  of  declamation  was  heard  with  the 
most  sovereign  contempt.  I  sincerely  rejoice,  that  the  record  of 
his  worth  is  to  be  undertaken  by  one  so  much  disposed  as  you  will 
be,  to  hand  him  down  fairly  to  diat  posterity  for  whose  liberty  and 
happiness  he  was  so  zealous  a  laborer. 

With  sentiments  of  sincere  veneration  for  his  memory,  accept 
yourself  this  tribute  to  it,  with  the  assurances  of  my  great  respect. 

Th:  Jefferson. 


100 

p.  S.  August  6th,  1822.  Since  the  date  of  this  letter,  to  wit, 
this  day,  August  6,  '22, 1  have  received  the  new  publication  of  the 
Secret  Journals  of  Congress,  wherein  is  stated  a  resolution  of  July 
19th,  1776,  that  the  Declaration  passed  on  the  4th,  be  fairly  en- 
grossed on  parchment,  and  when  engrossed,  be  signed  by  every 
member ;  and  another  of  August  2nd,  that  being  engrossed  and 
compared  at  the  table,  it  was  signed  by  the  members  ;  that  is  to 
say,  the  copy  engrossed  on  parchment  (for  durability)  was  signed 
by  the  members,  after  being  compared  at  the  table,  with  the  ori- 
ginal one  signed  on  paper  as  before  stated.  I  add  this  P.  S.  to  the 
copy  of  my  letter  to  Mr.  Wells,  to  prevent  confounding  the  signa- 
ture of  the  original  with  that  of  the  copy  engrossed  on  parchment. 


[Note  C] 

On  the  instructions  given  to  the  first  delegation  of  Virginia  to 
Congress,  in  August,  111  A. 

The  Legislature  of  Virginia  happened  to  be  in  session,  in  Wil- 
liamsburg, when  news  was  received  of  the  passage,  by  the  British 
Parliament,  of  the  Boston  Port  BiD,  which  was  to  take  effect  on 
the  first  day  of  June  then  ensuing.  The  House  of  Burgesses, 
thereupon,  passed  a  resolution,  recommending  to  their  fellow  citi- 
zens, that  that  day  should  be  set  apart  for  fasting  and  prayer  to 
the  Supreme  Being,  imploring  him  to  avert  the  calamities  then 
threatening  us,  and  to  give  us  one  heart  and  one  mind  to  oppose 
every  invasion  of  our  liberties.  The  next  day.  May  the  20th,  1774, 
the  Governor  dissolved  us.  We  immediately  repaired  to  a  room 
in  the  Raleigh  tavern,  about  one  hundred  paces  distant  from  the 
Capitol,  formed  ourselves  into  a  meeting,  Peyton  Randolph  in  the 
chair,  and  came  to  resolutions,  declaring,  that  an  attack  on  one 
colony,  to  enforce  arbitrary  acts,  ought  to  be  considered  as  an  at- 
tack on  all,  and  to  be  opposed  by  the  united  wisdom  of  all.  We, 
therefore,  appointed  a  Committee  of  correspondence,  to  address 
letters  to  the  Speakers  of  the  several  Houses  of  Representatives 
of  the  colonies,  proposing  the  appointment  of  deputies  from  each, 
to  meet  annually  in  a  General  Congress,  to  deliberate  on .  their 
common  interests,  and  on  the  measures  to  be  pursued  in  common. 
The  members  then  separated  to  their  several  homes,  except  those 
of  the  Committee,  who  met  the  next  day,  prepared  letters  ac- 
cording to  instructions,  and  despatched  them  by  messengers  ex- 


101 

press,  to  their  several  destinations.  It  had  been  agreed,  also,  by 
the  meeting,  that  the  Burgesses,  who  should  be  elected  under  the 
writs  then  issuing,  should  be  requested  to  meet  in  Convention,  on 
a  certain  day  in  August,  to  learn  the  result  of  these  letters,  and  to 
appoint  delegates  to  a  Congress,  should  that  measure  be  approved 
by  the  other  colonies.  At  the  election,  the  people  re-elected  every 
man  of  the  former  Assembly,  as  a  proof  of  their  approbation  of 
what  they  had  done.  Before  I  left  home,  to  attend  the  Conven- 
tion, I  prepared  what  I  thought  might  be  given,  in  instruction,  to 
the  Delegates  who  should  be  appointed  to  attend  the  General 
Congress  proposed.  They  were  drawn  in  haste,  with  a  number 
of  blanks,  with  some  uncertainties  and  inaccuracies  of  historical 
facts,  which  I  neglected  at  the  moment,  knowing  they  could  be 
readily  corrected  at  the  meeting.  I  set  out  on  my  journey,  but 
was  taken  sick  on  the  road,  and  was  unable  to  proceed.  I  therefore 
sent  on,  by  express,  two  copies,  one  under  cover  to  Patrick  Henry, 
the  other  to  Peyton  Randolph,  who  I  knew  would  be  in  the  chair 
of  the  Convention.  Of  the  former,  no  more  was  ever  heard  or 
known.  Mr.  Henry  probably  thought  it  too  bold,  as  a  first  mea- 
sure, as  the  majority  of  the  members  did.  On  the  other  copy  be- 
ing laid  on  the  table  of  the  Convention,  by  Peyton  Randolph,  as 
the  proposition  of  a  member,  who  was  prevented  from  attendance 
by  sickness  on  the  road,  tamer  sentiments  were  preferred,  and, 
I  believe,  wisely  preferred ;  the  leap  I  proposed  being  too  long,  as 
yet,  for  the  mass  of  our  citizens.  The  distance  between  these, 
and  the  instructions  actually  adopted,  is  of  some  curiosity,  however, 
as  it  shews  the  inequality  of  pace  with  which  we  moved,  and  the 
prudence  required  to  keep  front  and  rear  together.  My  creed  had 
been  formed  on  unsheathing  the  sword  at  Lexington.  They 
printed  the  paper,  however,  and  gave  it  the  title  of  '  A  summary 
view  of  the  rights  of  British  America.'  In  this  form  it  got  to  Lon- 
don, where  the  opposition  took  it  up,  shaped  it  to  opposition  views, 
and,  in  that  form,  it  ran  rapidly  through  several  editions. 

Mr.  Marshall,  in  his  history  of  General  Washington,  chapter  3, 
speaking  of  this  proposition  for  Committees  of  correspondence 
and  for  a  General  Congress,  says,  '  this  measure  had  already  been 
proposed  in  town  meeting,  in  Boston,'  and  some  pages  before  he 
had  said,  that  '  at  a  session  of  the  General  Court  of  Massachusetts, 
in  September,  1770,  that  Court,  in  pursuance  of  a  favorite  idea  of 
uniting  all  the  colonies  in  one  system  of  measures,  elected  a  Com- 
mittee of  correspondence,  to  communicate  with  such  Committees 
as  might  be  appointed  by  the  other  colonies.'  This  is  an  error. 
The  Committees  of  correspondence,  elected  by  Massachusetts, 
were  expressly  for  a  correspondence  among  the  several  toivns  of 


102 

that  province  only.  Besides  the  text  of  their  proceedings,  his 
own  note  X,  proves  this.  The  first  proposition  for  a  general  cor- 
respondence between  the  several  states,  and  for  a  General  Con- 
gress, was  made  by  our  meeting  of  May,  1774.  Botta,  copy- 
ing Marshall,  has  repeated  his  error,  and  so  it  will  be  handed  on 
from  copyist  to  copyist,  ad  infinitum.  Here  follow  my  proposition, 
and  the  more  prudent  one  which  was  adopted. 

Resolved,  That  it  be  an  instruction  to  the  said  deputies,  when 
assembled  in  General  Congress,  with  the  deputies  from  the  other 
states  of  British  America,  to  propose  to  the  said  Congress,  that  an 
humble  and  dutiful  address  be  presented  to  his  Majesty,  begging 
leave  to  lay  before  him,  as  Chief  Magistrate  of  the  British  empire, 
the  united  complaints  of  his  Majesty's  subjects  in  America ;  com- 
plaints which  are  excited  by  many  unwarrantable  encroachments 
and  usurpations,  attempted  to  be  made  by  the  legislature  of  one 
part  of  the  empire,  upon  the  rights  which  God,  and  the  laws,  have 
given  equally  and  independently  to  all.  To  represent  to  his  Ma- 
jesty that  these,  his  States,  have  often  individually,  made  humble 
application  to  his  imperial  Throne,  to  obtain,  through  its  interven- 
tion, some  redress  of  their  injured  rights ;  to  none  of  which,  was 
ever  even  an  answer  condescended.  Humbly  to  hope  that  this, 
their  joint  address,  penned  in  the  language  of  truth,  and  divested 
of  those  expressions  of  servility,  which  would  persuade  his  Majesty 
that  we  are  asking  favors,  and  not  rights,  shall  obtain  from  his  Ma- 
jesty a  more  respectful  acceptance ;  and  this  his  Majesty  will  think 
we  have  reason  to  expect,  when  he  reflects  that  he  is  no  more 
than  the  chief  officer  of  the  people,  appointed  by  the  laws,  and 
circumscribed  with  definite  powers,  to  assist  in  working  the  great 
machine  of  government,  erected  for  their  use,  and,  consequently, 
subject  to  their  superintendence ;  and,  in  order  that  these,  our 
rights,  as  well  as  the  invasions  of  them,  may  be  laid  more  fully  be- 
fore his  Majesty,  to  take  a  view  of  them,  from  the  origin  and  first 
settlement  of  these  countries. 

To  remind  him  that  our  ancestors,  before  their  emigration  to 
America,  were  the  free  inhabitants  of  the  British  dominions  in  Eu- 
rope, and  possessed  a  right,  which  nature  has  given  to  all  men,  of 
departing  from  the  country  in  which  chance,  not  choice,  has  placed 
them,  of  going  in  quest  of  new  habitations,  and  of  there  establish- 
ing new  societies,  under  such  laws  and  regulations  as,  to  them, 
shall  seem  most  likely  to  promote  public  happiness.  That  their 
Saxon  ancestors  had,  under  this  universal  law,  in  like  manner,  left 
their  native  wilds  and  woods  in  the  North  of  Europe,  had  possess- 
ed themselves  of  the  Island  of  Britain,  then  less  charged  with  in- 
habitants, and  had  established  there  that  system  of  laws  which  has 


103 

so  long  been  the  glory  and  protection  of  that  country.  Nor  was 
ever  any  claim  of  superiority  or  dependence  asserted  over  them, 
by  that  mother  country  from  which  they  had  migrated  :  and  were 
such  a  claim  made,  it  is  believed  his  Majest}^'s  subjects  in  Great 
Britain,  have  too  firm  a  feeling  of  the  rights  derived  to  them  from 
their  ancestors,  to  bow  down  the  sovereignty  of  their  state  before 
such  visionary  pretensions.  And  it  is  thought  that  no  circumstance 
has  occurred  to  distinguish,  materially,  the  British  from  the  Saxon 
emigration.  America  was  conquered,  and  her  settlements  made 
and  firmly  established,  at  the  expense  of  individuals,  and  not  of 
th#British  public.  Their  own  blood  was  spilt  in  acquiring  lands 
for  their  setdement,  their  own  fortunes  expended  in  making  that 
setdement  effectual.  For  themselves  they  fought,  for  themselves 
they  conquered,  and  for  themselves  alone  they  have  right  to  hold. 
No  shilling  was  ever  issued  from  the  public  treasures  of  his  Ma- 
jesty, or  his  ancestors,  for  their  assistance,  till  of  very  late  times^ 
after  the  colonies  had  become  established  on  a  firm  and  permanent 
fooUng.  That  then,  indeed,  having  become  valuable  to  Great 
Britain  for  her  commercial  purposes,  his  Parliament  was  pleased 
to  lend  them  assistance,  against  an  enemy  who  would  fain  have 
drawn  to  herself  the  benefits  of  their  commerce,  to  the  great  ag- 
grandisement of  herself,  and  danger  of  Great  Britain.  Such  as- 
sistance, and  in  such  circumstances,  they  had  often  before  given  to 
Portugal  and  other  allied  states,  with  whom  they  carry  on  a  com- 
mercial intercourse.  Yet  these  states  never  supposed,  that  by  calling 
in  her  aid,  they  thereby  submitted  themselves  to  her  sovereignty. 
Had  such  terms  been  proposed,  they  would  have  rejected  them  with 
disdain,  and  trusted  for  better,  to  the  moderation  of  their  enemies,- 
or  to  a  vigorous  exertion  of  their  own  force.  We  do  not,  however, 
mean  to  underrate  those  aids,  which,  to  us,  were  doubdess  valu- 
able, on  whatever  principles  granted :  but  we  would  shew  that  diey 
cannot  give  a  tide  to  that  authority  which  the  British  Parliament 
would  arrogate  over  us ;  and  that  they  may  amply  be  repaid,  by 
our  giving  to  the  inhabitants  of  Great  Britain,  such  exclusive  privi- 
leges in  trade  as  may  be  advantageous  to  them,  and,  at  the  same 
time,  not  too  restrictive  to  ourselves.  That  settlement  having  been 
thus  effected  in  the  wilds  of  America,  the  emigrants  thought  pro- 
per to  adopt  that  system  of  laws,  under  which  ihey  had  hitherto 
lived  in  the  mother  country,  and  to  continue  their  union  with  her, 
by  submitting  themselves  to  the  same  common  sovereign,  who  was 
thereby  made  the  central  link,  connecting  the  several  parts  of  the 
empire  thus  newly  multiplied. 

But  that  not  long  were  they  permitted,  however  far  they  thought 


104 

themselves  removed  from  the  hand  of  oppression,  to  hold  undis- 
turbed, the  rights  thus  acquired  at  the  hazard  of  their  lives  and 
loss  of  their  fortunes.  A  family  of  Princes  was  then  on  the  Bri- 
tish throne,  whose  treasonable  crimes  against  their  people,  brought 
on  them,  afterwards,  the  exertion  of  those  sacred  and  sovereign 
rights  of  punishment,  reserved  in  the  hands  of  the  people  for  cases 
of  extreme  necessity,  and  judged  by  the  constitution  unsafe  to  be 
delegated  to  any  other  judicature.  While  every  day  brought  forth 
some  new  and  unjustifiable  exertion  of  power,  over  their  subjects 
on  that  side  the  water,  it  was  not  to  be  expected  that  those  here, 
much  less  able  at  that  time  to  oppose  the  designs  of  despo^m, 
should  be  exempted  from  injury.  Accordingly,  this  country  which 
had  been  acquired  by  the  lives,  the  labors  and  fortunes  of  indivi- 
dual adventurers,  was  by  these  Princes,  at  several  times,  parted  out 
and  distributed  among  the  favorites  and  followers  of  their  for- 
tunes ;  and,  by  an  assumed  right  of  the  Crown  alone,  were  erected 
into  distinct  and  independent  governments ;  a  measure,  which  it  is 
believed,  his  Majesty's  prudence  and  understanding  would  prevent 
him  from  imitating  at  this  day  ;  as  no  exercise  of  such  power,  of  di- 
viding and  dismembering  a  country,  has  ever  occurred  in  his  Ma- 
jesty's realm  of  England,  though,  now  of  very  antient  standing ; 
nor  could  it  be  justified  or  acquiesced  under  there,  or  in  any  other 
part  of  his  Majesty's  empire. 

That  the  exercise  of  a  free  trade  with  all  parts  of  the  world, 
possessed  by  the  American  colonists,  as  of  natural  right,  and  which 
no  law  of  their  own  had  taken  away  or  abridged,  was  next  the  ob- 
ject of  unjust  encroachment.  Some  of  the  colonies  having  thought 
■  proper  to  continue  the  administration  of  their  government  in  the 
name  and  under  the  authority  of  his  Majesty,  King  Charles  the 
first,  whom,  notwithstanding  his  late  deposition  by  the  Common- 
wealth of  England,  they  continued  in  the  sovereignty  of  their  State, 
the  Parliament,  for  the  Commonwealth,  took  the  same  in  high  of- 
fence, and  assumed  upon  themselves  the  power  of  prohibiting 
their  trade  with  all  other  parts  of  the  world,  except  the  Island  of 
Great  Britain.  This  arbitrary  act,  however,  they  soon  recalled, 
and  by  solemn  treaty  entered  into  on  the  12th  day  of  March,  1651, 
between  the  said  Commonwealth  by  their  Commissioners,  and  the 
colony  of  Virginia  by  their  House  of  Burgesses,  it  was  expressly 
stipulated  by  the  eighth  article  of  the  said  treaty,  that  they  should 
have  '  free  trade  as  the  people  of  England  do  enjoy  to  all  places 
and  with  all  nations,  according  to  the  laws  of  that  Commonwealth.' 
But  that,  upon  the  restoration  of  his  Majesty,  King  Charles  the  se- 
cond, their  rights  of  free  commerce  iell  once  more  a  victim  to 


105 

arbitrary  power :  and  by  several  acts  of  his  reign,  as  well  as  of 
some  of  his  successors,  the  trade  of  the  colonies  was  laid  under 
such  restrictions,  as  shew  what  hopes  they  might  form  from  the 
justice  of  a  Bridsh  Parliament,  were  its  uncontroled  power  ad- 
mitted over  these  States."^  History  has  informed  us,  that  bodies 
of  men  as  well  as  individuals,  are  susceptible  of  the  spirit  of  ty- 
ranny. A  view  of  these  acts  of  Parliament  for  regulation,  as  it  has 
been  affectedly  called,  of  the  American  trade,  if  all  other  evidences 
were  removed  out  of  the  case,  would  undeniably  evince  the  truth 
of  this  observation.  Besides  the  duties  they  impose  on  our  arti- 
cles of  export  and  import,  they  prohibit  our  going  to  any  markets 
Northward  of  Cape  Finisterra,  in  the  kingdom  of  Spain,  for  the 
sale  of  commodities  which  Great  Britain  will  not  take  from  us,  and 
for  the  purchase  of  others,  with  which  she  cannot  supply  us  ;  and 
that,  for  no  other  than  the  arbitrary  purpose  of  purchasing  for 
themselves,  by  a  sacrifice  of  our  rights  and  interests,  certain  privi- 
leges in  their  commerce  with  an  allied  state,  who,  in  confidence 
that  their  exclusive  trade  with  America  will  be  continued,  while 
the  principles  and  power  of  the  British  Parliament  be  the  same, 
have  indulged  themselves  in  every  exorbitance  which  their  avarice 
could  dictate,  or  our  necessities  extort :  have  raised  their  commo- 
dities called  for  in  America,  to  the  double  and  treble  of  what  they 
sold  for,  before  such  exclusive  privileges  were  given  them,  and  of 
what  better  commodities  of  the  same  kind  would  cost  us  else- 
where ;  and,  at  the  same  time,  give  us  much  less  for  what  we  carry 
thidier,  than  might  be  had  at  more  convenient  ports.  That  these 
acts  prohibit  us  from  carrying,  in  quest  of  other  purchasers,  the  sur- 
plus of  our  tobaccos,  remaining  after  the  consumption  of  Great 
Britain  is  supplied  :  so  that  we  must  leave  them  with  the  British 
merchant,  for  whatever  he  will  please  to  allow  us,  to  be  by  him 
re-shipped  to  foreign  markets,  where  he  will  reap  the  benefits  of 
making  sale  of  them  for  full  value.  That,  to  heighten  still  the  idea 
of  Parliamentary  justice,  and  to  shew  with  what  moderation  they 
are  like  to  exercise  power,  where  themselves  are  to  feel  no  part 
of  its  weight,  we  take  leave  to  mention  to  his  Majesty,  certain 
other  acts  of  the  British  Parliament,  by  which  they  would  prohibit  us 
from  manufacturing,  for  our  own  use,  the  articles  we  raise  on  our 
own  lands,  with  our  own  labor.  By  an  act  passed  in  the  fifth 
year  of  the  reign  of  his  late  Majesty,  King  George  the  second,  an 
American  subject  is  forbidden  to  make  a  hat  for  himself,  of  the  fur 

*  12.  C.  2.  c.  ]8.     15.   C.  2  c.  11.     25,  C.  2.  c.  7.     7.  8.  W.  M.  c.  22. 
11.  W.    34.  Anne.     6.  C.  2.  c.   J3. 

VOL.   I.  14 


C:5t 


%• 


106 

which  he  has  taken,  perhaps,  on  his  own  soil ;  an  instance  of 
despotism,  to  which  no  parallel  can  be  produced  in  the  most  arbi- 
trary ages  of  British  history.  By  one  other  act,  passed  in  the 
twenty-third  year  of  the  same  reign,  the  iron  which  we  make,  we 
are  forbidden  to  manufacture ;  and,  heavy  as  that  article  is,  and 
necessary  in  every  branch  of  husbandry,  besides  commission  and 
insurance,  we  are  to  pay  freight  for  it  to  Great  Britain,  and  freight 
for  it  back  again,  for  the  purpose  of  supporting,  not  men,  but  ma- 
chines, in  the  island  of  Great  Britain.  In  the  same  spirit  of  equal 
and  impartial  legislation,  is  to  be  viewed  the  act  of  Parliament, 
passed  in  the  fifth  year  of  the  same  reign,  by  which  American 
lands  are  made  subject  to  the  demands  of  British  creditors,  while 
their  own  lands  were  still  continued  unanswerable  for  their  debts  ; 
from  which,  one  of  these  conclusions  must  necessarily  follow, 
either  that  justice  is  not  the  same  thing  in  America  as  in  Britain, 
or  else,  that  the  British  Parliament  pay  less  regard  to  it  here  than 
there.  But,  that  we  do  not  point  out  to  his  Majesty  the  injustice 
of  these  acts,  with  intent  to  rest  on  that  principle  the  cause  of  their 
nullity ;  but  to  shew  that  experience  confirms  the  propriety  of  those 
political  principles,  which  exempt  us  from  the  jurisdiction  of  the 
British  Parliament.  The  true  ground  on  which  we  declare  these 
acts  void,  is,  that  the  British  Parliament  has  no  right  to  exercise 
authority  over  us. 

That  these  exercises  of  usurped  power  have  not  been  confined 
to  instances  alone,  in  which  themselves  were  interested ;  but  they 
have  also  intermeddled  with  the  regulation  of  the  internal  affairs 
of  the  colonies.  The  act  of  the  9th  of  Anne  for  establishing  a 
post  office  in  America,  seems  to  have  had  litde  connection  with 
British  convenience,  except  that  of  accommodating  his  Majesty's 
ministers  and  favorites  with  the  sale  of  a  lucrative  and  easy  office. 

That  thus  have  we  hastened  through  the  reigns  which  preceded 
his  Majesty's,  during  which  the  violations  of  our  rights  were  less 
alarming,  because  repeated  at  more  distant  intervals,  than  that  ra- 
pid and  bold  succession  of  injuries,  which  is  likely  to  distinguish 
the  present  from  all  other  periods  of  American  story.  Scarcely 
have  our  minds  been  able  to  emerge  from  the  astonishment,  into 
which  one  stroke  of  Parliamentary  thunder  has  mvolved  us,  before 
another  more  heavy  and  more  alarming  is  fallen  on  us.  Single 
acts  of  tyranny  may  be  ascribed  to  the  accidental  opinion  of  a 
day ;  but  a  series  of  oppressions,  begun  at  a  distinguished  period, 
and  pursued  unalterably  through  every  change  of  ministers,  too 
plainly  prove  a  deliberate,  systematical  plan  of  reducing  us  to 
slavery. 


107 

That  the  act  passed  in  the  fourth  year  of  his  Ma-  Act  for  granting 

,    %         .  r-^i     1  ,  ,  certain  duties. 

jesty  s  reign,  entitled  '  an  act 

One  other  act  passed  in  the  fifth  year  of  his  reign,  stamp  act. 
entitled  '  an  act 

One  other  act  passed  in  the  sixth  year  of  his  reign,  Act  declaring  the 

.  ,     ,  ,  ^  •'  ^    ^  right  of  Parlia- 

entltled  '  an  act  ment  over  the 

colonies. 

And  one  other  act  passed  in  the  seventh  year  of  ^ief  on  p"  p"?, 
his  reign,  entitled  '  an  act  tea,  4'c. 

Form  that  connected  chain  of  Parliamentary  usur- 
pation, which  has  already  been  the  subject  of  fre- 
quent applications  to  his  Majesty,  and  the  Houses  of 
Lords  and  Commons  of  Great  Britain ;  and,  no  an- 
swers having  yet  been  condescended  to  any  of  these, 
we  shall  not  trouble  his  Majesty  with  a  repetition  of 
the  matters  they  contained. 

But  that  one  other  act  passed  in  the  same  seventh  Act  suspending 

(,  ,  .  .  1        •  1  T  legislature  of 

year  oi  his  reign,  having   been  a  pecunar  attempt.  New  York, 
must  ever  require  peculiar  mention.     It  is  entitled 
'  an  act 

One  free  and  independent  legislature,  hereby  takes  upon  itself, 
to  suspend  the  powers  of  another,  free  and  independent  as  itself. 
Thus  exhibiting  a  phenomenon  unknown  in  nature,  the  creator, 
and  creature  of  its  own  power.  Not  only  the  principles  of  com- 
mon sense,  but  the  common  feelings  of  human  nature  must  be 
surrendered  up,  before  his  Majesty's  subjects  here,  can  be  persua- 
ded to  believe,  that  they  hold  their  political  existence  at  the  will  of 
a  British  Parliament.  Shall  these  governments  be  dissolved,  their 
property  annihilated,  and  tlieir  people  reduced  to  a  state  of  nature, 
at  the  imperious  breath  of  a  body  of  men  whom  they  never  saw, 
in  whom  they  never  confided,  and  over  whom  they  have  no  powers 
of  punishment  or  removal,  let  their  crimes  against  the  American 
public  be  ever  so  great .''  Can  any  one  reason  be  assigned,  why  one 
hundred  and  sixty  thousand  electors  in  the  island  of  Great  Britain, 
should  give  law  to  four  millions  in  the  States  of  America,  every 
individual  of  whom,  is  equal  to  every  individual  of  them  in  virtue, 
in  understanding,  and  in  bodily  strength  ?  Were  this  to  be  admitted, 
instead  of  being  a  free  people,  as  we  have  hitherto  supposed,  and 
mean  to  continue  ourselves,  we  should  suddenly  be  found  the 
slaves,  not  of  one,  but  of  one  hundred  and  sixty  thousand  tyrants  ; 
distinguished  too,  from  all  others,  by  tliis  singular  circumstance, 
tliat  they  are  removed  from  the  reach  of  fear,  the  only  restraining 
motive  wliich  may  hold  the  hand  of  a  tyrant. 

That,  by  *  an  act  to  discontinue  in  such  manner,  and  for  such 


108 

time  as  are  therein  mentioned,  the  landing  and  discharging,  lading 
or  shipping  of  goods,  wares  and  merchandize,  at  the  town  and 
within  the  harbor  of  Boston,  in  the  province  of  Massachusetts  bay,  in 
North  America,'*  which  was  passed  at  the  last  session  of  the  British 
Parliament,  a  large  and  populous  town,  whose  trade  was  their  sole 
subsistence,  was  deprived  of  that  trade,  and  involved  in  utter  ruin. 
Let  us  for  a  while,  suppose  the  question  of  right  suspended,  in 
order  to  examine  this  act  on  principles  of  justice.  An  act  of 
Parliament  had  been  passed,  imposing  duties  on  teas,  to  be  paid 
in  America,  against  which  act  the  Americans  had  protested,  as 
inauthoritative.  The  East  India  Company,  who  till  that  time, 
had  never  sent  a  pound  of  tea  to  America  on  their  own  account, 
step  forth  on  that  occasion,  the  asserters  of  Parliamentary  right, 
and  send  hither  many  ship  loads  of  that  obnoxious  commodity. 
The  masters  of  their  several  vessels,  however,  on  their  arrival  in 
America,  wisely  attended  to  admonition,  and  returned  with  their 
cargoes.  In  the  province  of  New-England  alone,  the  remon- 
strances of  the  people  were  disregarded,  and  a  compliance,  after 
being  many  days  waited  for,  was  flatly  refused.  Whether  in  this, 
the  master  of  the  vessel  was  governed  by  his  obstinacy,  or  his  in- 
structions, let  those  who  know,  say.  There  are  extraordinary 
situations  which  require  extraordinary  interposition.  An  exaspe- 
rated people,  who  feel  that  they  possess  power,  are  not  easily  re- 
strained widiin  limits  stricdy  regular.  A  number  of  them  assem- 
bled in  the  town  of  Boston,  threw  the  tea  into  the  ocean,  and 
dispersed  without  doing  any  other  act  of  violence.  If  in  this  they 
did  wrong,  they  were  known,  and  were  amenable  to  the  laws  of 
the  land  ;  against  which,  it  could  not  be  objected,  that  they  had 
ever,  in  any  instance,  been  obstructed  or  diverted  from  their  regu- 
lar course,  in  favor  of  popular  offenders.  They  should,  therefore, 
not  have  been  distrusted  on  this  occasion.  But  that  ill-fated  colony 
had  formerly  been  bold  in  their  enmities  against  the  House  of 
Stuart,  and  were  now  devoted  to  ruin,  by  that  unseen  hand  which' 
governs  the  momentous  affairs  of  this  great  empire.  On  the  par- 
tial representations  of  a  few  worthless  ministerial  dependants,  whose 
constant  office  it  has  been  to  keep  that  government  embroiled,  and 
and  who,  by  their  treacheries,  hope  to  obtain  the  dignity  of  British 
knighthood,  without  calling  for  a  party  accused,  without  asking  a 
proof,  without  attempting  a  distinction  between  tlie  guilty  and  the 
innocent,  the  whole  of  that  antient  and  wealthy  town,  is  in  a  mo- 
ment reduced  from  opulence  to  beggary.  Men  who  had  spent 
their  lives  in  extending  the  BriUsh  commerce,  who  had  invested  in 

M4.G.  3. 


109 

tliat  place,  the  wealtli  their  honest  endeavors  had  merited,  found 
themselves  and  their  families,  thrown  at  once  on  die  world,  for 
subsistence  by  its  charities.  Not  the  hundredth  part  of  the  inliabit- 
ants  of  that  town,  had  been  concerned  in  the  act  complained  of ; 
many  of  them  were  in  Great  Britain,  and  in  other  parts  beyond 
sea ;  yet  all  were  involved  in  one  indiscriminate  ruin,  by  a  new 
executive  power,  unheard  of  till  then,  that  of  a  British  Parliament. 
A  property  of  the  value  of  many  millions  of  money,  was  sacrificed 
to  revenge,  not  repay,  the  loss  of  a  few  thousands.  This  is  ad- 
ministering justice  with  a  heavy  hand  indeed  !  And  when  is  this 
tdEhpest  to  be  arrested  in  its  course  I  Two  wharves  are  to  be  opened 
again  when  his  Majesty  shall  think  proper  :  the  residue  which  lined 
the  extensive  shores  of  the  bay  of  Boston,  are  forever  interdicted 
tlie  exercise  of  commerce.  This  little  exception  seems  to  have 
been  thrown  in  for  no  other  purpose,  than  that  of  setting  a  prece- 
dent for  investing  his  Majesty  with  legislative  powers.  If  the 
pulse  of  his  people  shall  beat  calmly  under  this  experiment,  an- 
other and  another  will  be  tried,  till  the  measure  of  despotism  be 
filled  up.  It  would  be  an  insult  on  common  sense,  to  pretend  that 
this  exception  was  made,  in  order  to  restore  its  commerce  to  that 
great  town.  The  trade  which  cannot  be  received  at  two  wharves 
alone,  must  of  necessity  be  transferred  to  some  other  place ;  to 
w^hich  it  will  soon  be  followed  by  that  of  the  two  wharves.  Con- 
sidered in  this  light,  it  would  be  an  insolent  and  cruel  mockery,  at 
the  annihilation  of  the  town  of  Boston.  By  the  act  for  the  sup- 
pression of  riots  and  tumults  in  the  town  of  Boston,*  passed  also  in 
the  last  session  of  Parliament,  a  murder  committed  there,  is,  if  the 
Governor  pleases,  to  be  tried  in  the  court  of  King's  bench,  in  the 
island  of  Great  Britain,  by  a  jury  of  Middlesex.  The  witnesses, 
too,  on  receipt  of  such  a  sum  as  the  Governor  shall  think  it  rea- 
sonable for  them  to  expend,  are  to  enter  into  recognisance,  to  ap- 
pear at  the  trial.  This  is,  in  other  words,  taxing  tliem  to  the 
amount  of  their  recognisance ;  and  that  amount  may  be  whatever 
a  Governor  pleases.  For  who  does  his  Majesty  diink  can  be  pre- 
vailed on  to  cross  tlie  Atlantic,  for  the  sole  purpose  of  bearing 
evidence  to  a  fact  ?  His  expenses  are  to  be  borne,  indeed,  as  they 
shall  be  estimated  by  a  Governor ;  but  who  are  to  feed  the  wife 
and  children  whom  he  leaves  behind,  and  who  have  had  no  other 
subsistence  but  his  daily  labor  ?  Those  epidemical  disorders,  too, 
so  terrible  in  a  foreign  climate,  is  the  cure  of  them  to  be  estimated 
among  the  articles  of  expense,  and  their  danger  to  be  warded  off 
by  the  Almighty  power  of  a  Parliament  ?  And  tlie  wretched  crimi- 

*  14.  G.  3. 


110 

nal,  if  he  happen  to  have  offended  on  the  American  side,  stripped 
of  his  privilege  of  trial  by  peers  of  his  vicinage,  removed  from 
the  place  where  alone  full  evidence  could  be  obtained,  without 
money,  without  counsel,  without  friends,  without  exculpatory  proof, 
is  tried  before  Judges  predetermined  to  condemn.  The  cowards 
who  would  suffer  a  countryman  to  be  torn  from  the  bowels  of  their 
society,  in  order  to  be  thus  offered  a  sacrifice  to  Parliamentary 
tyranny,  would  merit  that  everlasting  infamy  now  fixed  on  the  au- 
thors of  the  act !  A  clause,  for  a  similar  purpose,  had  been  intro- 
duced into  an  act  passed  in  the  twelfth  year  of  his  Majesty's  reign, 
entitled,  *  an  act  for  the  better  securing  and  preserving  his  Majesty"'s 
Dock-yards,  Magazines,  Ships,  Ammunition  and  Stores  ;'  against 
which,  as  meriting  the  same  censures,  the  several  colonies  have 
already  protested. 

That  these  are  the  acts  of  power,  assumed  by  a  body  of  men 
foreign  to  our  constitutions,  and  unacknowledged  by  our  laws ; 
against  which  we  do,  on  behalf  of  the  inhabitants  of  British  Ame- 
rica, enter  tliis,  our  solemn  and  determined  protest.  And  we  do 
earnestly  intreat  his  Majesty,  as  yet  the  only  mediatory  power  be- 
tween the  several  states  of  the  British  empire,  to  recommend  to 
his  Parliament  of  Great  Britain,  the  total  revocation  of  these  acts, 
which,  however  nugatory  they  be,  may  yet  prove  the  cause  of  fur- 
ther discontents  and  jealousies  among  us. 

That  we  next  proceed  to  consider  the  conduct  of  his  Majesty, 
as  holding  the  Executive  powers  of  the  laws  of  these  states,  and 
mark  out  his  deviations  from  the  line  of  duty.  By  the  constitution 
of  Great  Britain,  as  well  as  of  the  several  American  States,  his 
Majesty  possesses  the  power  of  refusing  to  pass  into  a  law,  any  bill 
which  has  already  passed  the  other  two  branches  of  the  legislature. 
His  Majesty,  however,  and  his  ancestors,  conscious  of  the  impro- 
priety of  opposing  their  single  opinion  to  the  united  wisdom  of  two 
Houses  of  Parhament,  while  their  proceedings  were  unbiassed  by 
interested  principles,  for  several  ages  past,  have  modestly  declined 
the  exercise  of  this  power,  in  that  part  of  his  empire  called  Great 
Britain.  But,  by  change  of  circumstances,  other  principles  than 
those  of  justice  simply,  have  obtained  an  influence  on  their  deter- 
minations. The  addition  of  new  states  to  the  British  empire,  has 
produced  an  addition  of  new,  and,  sometimes,  opposite  interests. 
It  is  now,  therefore,  the  great  office  of  his  Majesty,  to  resume  the 
exercise  of  his  negative  power,  and  to  prevent  the  passage  of  laws 
by  any  one  legislature  of  the  empire,  which  might  bear  injuriously 
on  the  rights  and  interests  of  another.  Yet  tliis  will  not  excuse 
the  wanton  exercise  of  this  power,  which  we  have  seen  his  Majesty 
practise  on  the  laws  of  the  American  legislatures.      For  the  most 


HI 

trifling  reasons,  and,  sometimes  for  no  conceivable  reason  at  all, 
his  Majesty  has  rejected  laws  of  the  most  salutary  tendency.  The 
abolition  of  domestic  slavery  is  the  great  object  of  desire  in  those 
colonies,  where  it  was,  unhappily,  introduced  in  their  infant  state. 
But  previous  to  the  enfranchisement  of  the  slaves  we  have,  it  is 
necessary  to  exclude  all  further  importations  from  Africa.  Yet 
our  repeated  attempts  to  effect  tliis,  by  prohibitions,  and  by  im- 
posing duties  which  might  amount  to  a  prohibition,  have  been  hi- 
therto defeated  by  his  Majesty's  negative :  thus  preferring  the  imme- 
diate advantages  of  a  few  British  corsairs,  to  the  lasting  interests 
of  the  American  States,  and  to  the  rights  of  human  nature,  deeply 
w^ounded  by  this  infamous  practice.  Nay,  the  single  interposition 
of^an  interested  individual  against  a  law,  was  scarcely  ever  known 
to  fail  of  success,  though,  in  the  opposite  scale,  were  placed  the 
interests  of  a  whole  country.  That  tliis  is  so  shameful  an  abuse  of 
a  power,  trusted  with  his  Majesty  for  other  purposes,  as  if,  not  re- 
formed, would  call  for  some  legal  restrictions. 

With  equal  inattention  to  the  necessities  of  his  people  here,  has 
his  Majesty  permitted  our  laws  to  lie  neglected,  in  England,  for 
years,  neither  confirming  them  by  his  assent,  nor  annulling  them 
by  his  negative  :  so,  that  such  of  them  as  have  no  suspending  clause, 
we  hold  on  the  most  precarious  of  all  tenures,  his  Majesty's  will; 
and  such  of  them  as  suspend  themselves  till  his  Majesty's  assent 
be  obtained,  we  have  feared  might  be  called  into  existence  at  some 
future  and  distant  period,  when  time  and  change  of  circumstances 
shall  have  rendered  them  destructive  to  his  people  here.  And,  to 
render  this  grievance  still  more  oppressive,  his  Majesty,  by  his  in- 
structions, has  laid  his  Governors  under  such  restrictions,  that  they 
can  pass  no  law,  of  any  moment,  unless  it  have  such  suspending 
clause  :  so  that,  however  immediate  may  be  the  call  for  legislative 
interposition,  the  law  cannot  be  executed,  till  it  has  twice  crossed 
the  Atlantic,  by  which  time  the  evil  may  have  spent  its  whole 
force. 

But  in  what  terms  reconcileable  to  Majesty,  and  at  tlie  same 
time  to  truth,  shall  we  speak  of  a  late  instruction  to  his  Majesty's 
Governor  of  the  colony  of  Virginia,  by  which  he  is  forbidden  to 
assent  to  any  law  for  the  division  of  a  county,  unless  the  new 
county  will  consent  to  have  no  representative  in  Assembly  ?  That 
colony  has  as  yet  affixed  no  boundary  to  the  Westward.  Their 
Western  counties,  therefore,  are  of  indefinite  extent.  Some  of 
them  are  actually  seated  many  hundred  miles  from  their  Eastern 
limits.  Is  it  possible,  then,  that  his  Majesty  can  have  bestowed  a 
single  thought  on  the  situation  of  those  people,  who,  in  order  to 
obtain  justice  for  injuries,  however  great  or  small,  must,  by  the 


112 

laws  of  that  colony,  attend  their  county  court  at  such  a  distance, 
with  all  their  witnesses,  monthly,  till  their  litigation  be  determined  ? 
Or  does  his  Majesty  seriously  wish,  and  publish  it  to  the  world,  that 
his  subjects  should  give  up  the  glorious  right  of  representation,  with 
all  the  benefits  derived  from  that,  and  submit  themselves  the  ab- 
solute slaves  of  his  sovereign  will  ?  Or  is  it  rather  meant  to  confine 
the  legislative  body  to  their  present  numbers,  that  tliey  may  be 
the  cheaper  bargain,  whenever  they  shall  become  worth  a  pur- 
chase ? 

One  of  the  articles  of  impeachment  against  Tresilian,  and  the 
other  Judges  of  Westminster  Hall,  in  the  reign  of  Richard  the 
second,  for  which  they  suffered  death,  as  traitors  to  their  country, 
was,  that  they  had  advised  the  King,  that  he  might  dissolve  his  Par- 
liament at  any  time  :  and  succeeding  Kings  have  adopted  the 
opinion  of  these  unjust  Judges.  Since  the  establishment,  however, 
of  the  British  constitution,  at  the  glorious  Revolution,  on  its  free 
and  antient  principles,  neither  his  Majesty,  nor  his  ancestors,  have 
exercised  such  a  power  of  dissolution  in  the  island  of  Great  Bri- 
tain ;*  and,  when  his  Majesty  was  petitioned,  by  the  united  voice 
of  his  people  there,  to  dissolve  the  present  Parliament,  who  had 
become  obnoxious  to  them,  his  Ministers  were  heard  to  declare, 
in  open  Parliament,  that  his  Majesty  possessed  no  such  power  by 
the  constitution.  But  how  different  their  language,  and  his  prac- 
tice, here  !  To  declare,  as  their  duty  required,  the  known  rights  of 
their  country,  to  oppose  the  usurpation  of  every  foreign  judicature, 
to  disregard  the  imperious  mandates  of  a  Minister  or  Governor, 
have  been  the  avowed  causes  of  dissolving  Houses  of  Representa- 
tives in  America.  But  if  such  powers  be  really  vested  in  his  Ma- 
jesty, can  he  suppose  they  are  there  placed  to  awe  the  members 
from  such  purposes  as  these  ?  When  the  representative  body  have 
lost  the  confidence  of  their  constituents,  when  they  have  notori- 
ously made  sale  of  their  most  valuable  rights,  when  they  have  as- 
sumed to  themselves  powers  which  the  people  never  put  into  their 
hands,  then,  indeed,  their  continuing  in  office  becomes  dangerous 
to  the  state,  and  calls  for  an  exercise  of  the  power  of  dissolution. 
Such  being  the  causes  for  which  the  representative  body  should, 
and  should  not,  be  dissolved,  will  it  not  appear  strange,  to  an  un- 
biassed observer,  that  that  of  Great  Britain  was  not  dissolved,  while 
those  of  the  colonies  have  repeatedly  incurred  that  sentence  ? 

*  On  further  enquiry,  I  find  two  instances  of  dissolutions  before  the  Parlia- 
ment would,  of  itself,  have  been  at  an  end  ;  viz.  the  Parliament  called  to  meet 
August  24,  1698,  was  dissolved  by  King  William,  December  19,  1700,  and  a 
•new  one  called,  to  meet  February  6, 1701,  which  was  also  dissolved,  November 
11, 1701,  and  a  new  one  met  December  30, 1701. 


But  your  Majesty,  or  your  Governors,  have  carried  this  power^ 
beyond  every  limit  known  or  provided  for  by  the  laws.  After  dis-  ' 
solving  one  House  of  Representatives,  they  have  refused  to  call 
another,  so  that,  for  a  great  length  of  time,  the  legislature  provid- 
ed by  the  laws,  has  been  out  of  existence.  From  the  nature  of 
things,  every  society  must,  at  all  times,  possess  within  itself  the 
sovereign  powers  of  legislation.  The  feelings  of  human  nature 
revolt  against  the  supposition  of  a  state  so  situated,  as  tliat  it  may 
not,  in  any  emergency,  provide  against  dangers  which,  perhaps, 
threaten  immediate  ruin.  While  those  bodies  are  in  existence  to 
whom  the  people  have  delegated  the  powers  of  legislation,  they 
alone  possess,  and  may  exercise,  those  powers.  But  when  they 
are  dissolved,  by  the  lopping  off  one  or  more  of  their  branches, 
the  power  reverts  to  the  people,  who  may  use  it  to  unlimited  ex- 
tent, either  assembling  together  in  person,  sending  deputies,  or  in 
any  other  way  they  may  think  proper.  We  forbear  to  trace  con- 
sequences further  ;  the  dangers  are  conspicuous  with  which  this 
practice  is  replete. 

That  we  shall,  at  this  time  also,  take  notice  of  an  error  in  the 
nature  of  our  land  holdings,  which  crept  in  at  a  very  early  period 
of  our  settlement.  The  introduction  of  the  Feudal  tenures  into 
the  kingdom  of  England,  though  antient,  is  well  enough  under- 
stood to  set  this  matter  in  a  proper  light.  In  the  earlier  ages  of 
die  Saxon  settlement,  feudal  holdings  were  certainly  altogether 
unknown,  and  very  few,  if  any,  had  been  introduced  at  the  time 
of  the  Norman  conquest.  Our  Saxon  ancestors  held  their  lands, 
as  they  did  their  personal  property,  in  absolute  dominion,  disen- 
cumbered with  any  superior,  answering  nearly  to  the  nature  of 
those  possessions  which  the  Feudalists  term  Allodial.  William  • 
the  Norman,  first  introduced  that  system  generally.  The  lands 
which  had  belonged  to  those  who  fell  in  the  battle  of  Hastings, 
and  in  the  subsequent  insurrections  of  his  reign,  formed  a  consi- 
derable proportion  of  the  lands  of  the  whole  kingdom.  These  he 
granted  out,  subject  to  feudal  duties,  as  did  he  also  those  of  a 
great  number  of  his  new  subjects,  who,  by  persuasions  or  threats, 
were  induced  to  surrender  them  for  that  purpose.  But  still,  much 
was  left  in  the  hands  of  his  Saxon  subjects,  held  of  no  superior, 
and  not  subject  to  feudal  conditions.  These,  therefore,  by  ex- 
press laws,  enacted  to  render  uniform  the  system  of  military  de- 
fence, were  made  liable  to  the  same  military  duties  as  if  they  had 
been  feuds  :  and  the  Norman  lawyers  soon  found  means  to  sad- 
dle them,  also,  with  all  the  other  feudal  burthens.  But  still  they 
had  not  been  surrendered  to  the  King,  they  were  not  derived  from 
his  grant,  and  therefore  they  were  not  holden  of  him.     A  general 

VOL.  I.  15 


114 

p 

%» principle  indeed  was  introduced,  that  '  alPlands  in  England  were 
*  held  either  mediately  or  immediately  of  the  Crown  :'  but  this  was 
borrowed  from  those  holdings  which  were  truly  feudal,  and  only 
applied  to  others  for  the  purposes  of  illustration.  Feudal  holdings 
were,  tlierefore,  but  exceptions  out  of  the  Saxon  laws  of  possession, 
under  which  all  lands  were  held  in  absolute  right.  These,  there- 
fore, still  form  the  basis  or  groundwork  of  the  Common  law,  to 
prevail  wheresoever  the  exceptions  have  not  taken  place.  Ame- 
rica was  not  conquered  by  William  the  Norman,  nor  its  lands 
surrendered  to  him  or  any  of  his  successors.  Possessions  there 
are,  undoubtedly,  of  tlie  Allodial  nature.  Our  ancestors,  however, 
who  migrated  hitlier,  were  laborers,  not  lawyers.  The  fictitious 
principle,  that  all  lands  belong  originally  to  the  King,  they  were 
early  persuaded  to  believe  real,  and  accordingly  took  grants  oi 
their  own  lands  from  the  Crown.  And  while  the  Crown  continued 
to  grant  for  small  sums  and  on  reasonable  rents,  there  was  no  in- 
ducement to  arrest  the  error,  and  lay  it  open  to  public  view.  But 
his  Majesty  has  lately  taken  on  him  to  advance  the  terms  of  pur- 
chase and  of  holding,  to  the  double  of  what  they  were ;  by  which 
means,  the  acquisition  of  lands  being  rendered  difficult,  the  popu- 
lation of  our  country  is  likely  to  be  checked.  It  is  time,  there- 
fore, for  us  to  lay  this  matter  before  his  Majesty,  and  to,  declare, 
that  he  has  no  right  to  grant  lands  of  himself.  From  the  nature 
and  purpose  of  civil  institutions,  all  the  lands  within  the  limits, 
which  any  particular  society  has  circumscribed  around  itself,  are 
assumed  by  that  society,  and  subject  to  their  airotment ;  this  may 
be  done  by  themselves  assembled  collectively,  or  by  their  legisla- 
ture, to  w^hom  they  may  have  delegated  sovereign  authority :  and, 
,  if  they  are  allotted  in  neither  of  these  ways,  each  individual  of  the 
society,  may  appropriate  to  himself  such  lands  as  he  finds  vacant, 
and  occupancy  will  give  him  tide. 

That,  in  order  to  enforce  the  arbitrary  measures  before  com- 
plained of,  his  Majesty  has,  from  dme  to  time,  sent  among  us  large 
bodies  of  armed  forces,  not  made  up  of  the  people  here,  nor  rais- 
ed by  the  authority  of  our  laws.  Did  his  Majesty  possess  such  a 
right  as  this,  it  might  swallow  up  all  our  other  rights,  whenever  he 
should  think  proper.  But  his  Majesty  has  no  right  to  land  a  sin- 
gle armed  man  on  our  shores ;  and  those  whom  he  sends  here  are 
liable  to  our  laws,  for  the  suppression  and  punishment  of  Riots, 
Routs,  and  unlawful  assemblies,  or  are  hostile  bodies  invading  us 
in  defiance  of  law.  When,  in  the  course  of  the  late  war,  it  became 
expedient,  that  a  body  of  Hanoverian  troops  should  be  brought 
over  for  the  defence  of  Great  Britain,  his  Majesty's  grandfather, 
our  late  sovereign,  did  not  pretend  to  introduce  them  under  any 


115 

authority  he  possessed.  Such  a  measure  would  have  given  just 
alarm  to  his  subjects  of  Great  Britain,  whose  liberties  would  not 
be  safe  if  armed  men  of  another  country,  and  of  another  spirit, 
might  be  brought  into  the  realm  at  any  time,  without  the  consent 
of  their  legislature.  He,  therefore,  applied  to  Parliament,  who 
passed  an  act  for  that  purpose,  limiting  the  number  to  be  brought 
in,  and  the  time  they  were  to  continue.  In  like  manner  is  his 
Majesty  restrained  in  every  part  of  the  empire.  He  possesses  in- 
deed the  executive  power  of  the  laws  in  every  state ;  but  they  are 
the  laws  of  the  particular  state,  which  he  is  to  administer  within 
that  state,  and  not  those  of  any  one  within  the  limits  of  another. 
Every  state  must  judge  for  itself,  the  number  of  armed  men  which 
they  may  safely  trust  among  them,  of  whom  they  are  to  consist, 
and  under  what  restrictions  they  are  to  be  laid.  To  render  these 
proceedings  still  more  criminal  against  our  laws,  instead  of  sub- 
jecting the  military  to  the  civil  power,  his  Majesty  has  expressly 
made  the  civil  subordinate  to  the  military.  But  can  his  Majesty 
thus  put  down  all  law  under  his  feet  ?  Can  he  erect  a  power  su- 
perior to  that  which  erected  himself?  He  has  done  it  indeed  by 
force  ;  but  let  him  remember  that  force  cannot  give  right. 

That  these  are  our  grievances,  which  we  have  thus  laid  before 
his  Majesty,  with  that  freedom  of  language  and  sentiment  which 
becomes  a  free  people,  claiming  their  rights  as  derived  from  the 
laws  of  nature,  and  not  as  the  gift  of  their  Chief  Magistrate.  Let 
those'  flatter,  who  fear  :  it  is  not  an  American  art.  To  give  praise 
where  it  is  not  due,  might  be  well  from  the  venal,  but  would  ill 
beseem  those  who  are  asserting  the  rights  of  human  nature.  They 
know,  and  will,  therefore,  say,  that  Kings  are  the  servants,  not  tlie 
proprietors  of  the  people.  Open  your  breast.  Sire,  to  liberal  and 
expanded  thought.  Let  not  the  name  of  George  the  third,  be  a 
blot  on  the  page  of  history.  You  are  surrounded  by  British  coun- 
sellors, but  remember  that  they  are  parties.  You  have  no  minis- 
ters for  American  affairs,  because  you  have  none  taken  from  among 
us,  nor  amenable  to  the  laws  on  which  they  are  to  give  you  ad- 
vice. It  behoves  you,  therefore,  to  think  and  to  act  for  yourself 
and  your  people.  The  great  principles  of  right  and  wrong  are 
legible  to  every  reader :  to  pursue  them,  requires  not  the  aid  of 
many  counsellors.  The  whole  art  of  government  consists  in  the 
art  of  being  honest.  Only  aim  to  do  your  duty,  and  mankind  will 
give  you  credit  where  you  fail.  No  longer  persevere  in  sacrific- 
ing the  rights  of  one  part  of  the  empire,  to  the  inordinate  desires 
of  another  :  but  deal  out  to  all,  equal  and  impartial  right.  Let  no 
act  be  passed  by  any  one  legislature,  which  may  infringe  on  the 
rights  and  liberties  of  another.     This  is  the  important  post  in  which 


116 

fortune  has  placed  you,  holding  the  balance  of  a  great,  if  a  well 
poised  empire.  This,  Sire,  is  die  advice  of  your  great  American 
council,  on  the  observance  of  which,  may  perhaps  depend  your 
felicity  and  future  fame,  and  the  preservation  of  that  harmony 
which  alone  can  condnue,  both  to  Great  Britain  and  America,  the 
reciprocal  advantages  of  their  connection.  It  is  neidier  our  wish 
nor  our  interest  to  separate  from  her.  We  are  willing,  on  our 
part,  to  sacrifice  every  thing  which  reason  can  ask,  to  the  restora- 
tion of  that  tranquillity  for  which  all  must  wish.  On  their  part, 
let  them  be  ready  to  establish  union  on  a  generous  plan.  Let 
them  name  their  terms,  but  let  them  be  just.  Accept  of  every 
commercial  preference  it  is  in  our  power  to  give,  for  such  things 
as  we  can  raise  for  their  use,  or  they  make  for  ours.  But  let 
them  not  think  to  exclude  us  from  going  to  other  markets,  to  dis- 
pose of  those  commodities  which  they  cannot  use,  nor  to  supply 
those  wants  which  they  cannot  supply.  Still  less,  let  it  be  propos- 
ed, that  our  properties,  within  our  own  territories,  shall  be  taxed 
or  regulated  by  any  power  on  earth',  but  our  own.  The  God  who 
gave  us  life,  gave  us  liberty  at  the  same  time  :  the  hand  of  force 
may  destroy,  but  cannot  disjoin  them.  This,  Sire,  is  our  last,  our 
determined  resolution.  And  that  you  will  be  pleased  to  hiterpose, 
with  that  efficacy  which  your  earnest  endeavors  may  insure,  to 
procure  redress  of  these  our  great  grievances,  to  quiet  the  minds 
of  your  subjects  in  British  America,  against  any  apprehensions  of 
future  encroachment,  to  establish  fraternal  love  and  harmony 
through  the  whole  empire,  and  that  that  may  continue  to  the  latest 
ages  of  time,  is  the  fervent  prayer  of  all  BriUsh  America. 


[Note  D.] 

August,  1774. 

Instructions  for  the  Deputies  appointed  to  rneet  in  General  Con- 
gress on  the  part  of  this  Colony. 

The  unhappy  disputes  between  Great  Britain  and  her  American 
colonies,  which  began  about  the  third  year  of  the  reign  of  his 
present  Majesty,  and  since,  continually  increasing,  have  proceeded 
to  lengths  so  dangerous  and  alarming,  as  to  excite  just  apprehen- 
sions in  the  minds  of  his  Majesty's  faithful  subjects  of  this  colony, 
that  they  are  in  danger  of  being  deprived  of  their  natural,  antient, 
constitutional,  and  chartered  rights,  have  compelled  them  to  take 


117  *^^ 

the  same  into  their  most  serious  consideration ;  and,  being  de- 
prived of  their  usual  and  accustomed  mode  of  making  known  their 
grievances,  have  appointed  us  dieir  representatives,  to  consider  what 
is  proper  to  be  done  in  this  dangerous  crisis  of  American  afiairs. 
It  being  our  opinion,  that  the  united  wisdom  of  North  America, 
should  be  collected  in  a  General  Congress  of  all  the  colonies, 
we  have  appointed  the  Honorable  Peyton  Randolph,  Richard 
Henry  Lee,  George  Washington,  Patrick  Henry,  Richard  Bland, 
Benjamin  Harrison,  and  Edmund  Pendleton,  Esquires,  deputies 
to  represent  this  colony  in  the  said  Congress,  to  be  held  at  Phila- 
delphia, on  the  first  Monday  in  September  next. 

And  that  they  may  be  the  better  informed  of  our  sentiments, 
touching  the  conduct  we  wish  them  to  observe  on  this  important 
occasion,  we  desire  that  they  will  express,  in  the  first  place,  our 
faith  and  true  allegiance  to  his  Majesty,  King  George  the  tliird, 
our  lawful  and  rightful  sovereign ;  and  that  we  are  determined, 
with  our  lives  and  fortunes,  to  support  him  in  the  legal  exercise  of 
all  his  just  rights  and  prerogatives.  And,  however  misrepresented, 
we  sincerely  approve  of  a  constitutional  connection  with  Great 
Britain,  and  wish,  most  ardently,  a  return  of  that  intercourse  of 
affection  and  commercial  connection,  that  formerly  united  both 
countries,  which  can  only  be  effected  by  a  removal  of  those  causes 
of  discontent,  which  have  of  late  unhappily  divided  us. 

It  cannot  admit  of  a  doubt,  but  that  British  subjects  in  America, 
are  entitled  to  tlie  same  rights  and  privileges,  as  their  fellow 
subjects  possess  in  Britain  ;  and  therefore,  that  the  power  as- 
sumed by  the  British  Parliament,  to  bind  America  by  their  statutes, 
in  all  cases  whatsoever,  is  unconstitutional,  and  the  source  of  these 
unhappy  differences. 

The  end  of  government  would  be  defeated  by  the  British  Par- 
liament exercising  a  power  over  the  lives,  the  property,  and  the 
liberty  of  American  subjects ;  who  are  not,  and,  from  their  lo- 
cal circumstances,  cannot  be,  there  represented.  Of  this  nature, 
we  consider  the  several  acts  of  Parliament,  for  raising  a  revenue 
in  America,  for  extending  the  jurisdiction  of  the  courts  of  Admi- 
ralty, for  seizing  American  subjects,  and  transporting  them  to  Bri- 
tain, to  be  tried  for  crimes  committed  in  America,  and  the  several 
late  oppressive  acts  respecting  the  town  of  Boston,  and  Province 
of  the  Massachusetts  Bay. 

The  original  constitution  of  the  American  colonies,  possessing 
their  assemblies  with  the  sole  right  of  directing  their  internal  polity-, 
it  is  absolutely  destructive  of  the  end  of  their  institution,  that  their 
legislatures  should  be  suspended,  or  prevented,  by  hasty  dissolu- 
tions, from  exercising  their  legislative  powers. 


^ 


118 

Wanting  tlie  protection  of  Britain,  we  have  long  acquiesced  in 
their  acts  of  navigation,  restrictive  of  our  commerce,  which  we 
consider  as  an  ample  recompense  for  such  protection  ;  but  as  those 
acts  derive  their  efficacy  from  that  foundation  alone,  we  have  rea- 
son to  expect  they  will  be  restrained,  so  as  to  produce  the  reasona- 
ble purposes  of  Britain,  and  not  injurious  to  us. 

To  obtain  redress  of  these  grievances,  without  which  the  people 
of  America  can  neither  be  safe,  free,  nor  happy,  they  are  willing 
to  undergo  the  great  inconvenience  that  will  be  derived  to  them, 
from  stopping  all  imports  whatsoever,  from  Great  Britain,  alter  the 
first  day  of  November  next,  and  also  to  cease  exporting  any  com- 
modity whatsoever,  to  the  same  place,  after  the  tenth  day  of  Au- 
gust, 1775.  The  earnest  desire  we  have  to  make  as  quick  and 
full  payment  as  possible,  of  our  debts  to  Great  Britain,  and  to  avoid 
the  heavy  injury  that  would  arise  to  this  country,  from  an  earlier 
adoption  of  the  non-exportation  plan,  after  the  people  have  already 
applied  so  much  of  their  labor  to  the  perfecting  of  the  present 
crop,  by  which  means,  they  have  been  prevented  from  pursuing 
other  methods  of  clothing  and  supporting  their  families,  have  ren- 
dered it  necessary  to  restrain  you  in  this  article  of  non-exportation ; 
but  it  is  our  desire,  that  you  cordially  co-operate  with  our  sister 
colonies  in  General  Congress,  in  such  other  just  and  proper  methods 
as  they,  or  the  majority,  shall  deem  necessary  for  the  accomplish- 
ment of  these  valuable  ends. 

The  proclamation  issued  by  General  Gage,  in  the  government 
of  the  Province  of  the  Massachusetts  Bay,  declaring  it  treason  for 
the  inhabitants  of  tliat  province  to  assemble  themselves  to  consider 
of  their  grievances,  and  form  associations  for  their  common  con- 
duct on  the  occasion,  and  requiring  the  civil  magistrates  and  offi- 
cers to  apprehend  all  such  persons,  to  be  tried  for  their  supposed 
offences,  is  the  most  alarming  process  that  ever  appeared  in  a 
British  government ;  that  the  said  General  Gage,  hath,  thereby,  as- 
sumed, and  taken  upon  himself,  powers  denied  by  the  constitution 
to  our  legal  sovereign ;  that  he,  not  having  condescended  to  dis- 
close by  what  authority  he  exercises  such  extensive  and  unheard 
of  powers,  we  are  at  a  loss  to  determine,  whether  he  intends  to 
justify  himself  as  the  representative  of  the  King,  or  as  the  Com- 
mander in  Chief  of  his  Majesty's  forces  in  America.  If  he  con- 
siders himself  as  acting  in  the  character  of  his  Majesty's  represen- 
tative, we  would  remind  him  that  the  statute  25th,  Edward  the  third, 
has  expressed  and  defined  all  treasonable  offences,  and  that  the 
legislature  of  Great  Britain  hath  declared,  that  no  offence  shall  be 
construed  to  be  treason,  but  siich  as  is  pointed  out  by  that  statute, 
and  that  this  was  done  to  take  out  of  the  hands  of  tyrannical  Kings, 


119 

and  of  weak  and  wicked  Ministers,  that  deadly  weapon,  which 
constructive  treason  had  furnished  them  with,  and  which  had  drawn 
the  blood  of  the  best  and  honestest  men  in  the  kingdom  ;  and  that 
the  King  of  Great  Britain,  hath  no  right  by  his  proclamation,  to 
subject  his  people  to  imprisonment,  pains,  and  penalties. 

That  if  the  said  General  Gage  conceives  he  is  empowered  to 
act  in  this  manner,  as  the  Commander  in  Chief  of  his  Majesty's 
forces  in  America,  this  odious,  and  illegal  proclamation  must  be 
considered  as  a  plain  and  full  declaration,  that  this  despotick  Vice- 
roy will  be  bound  by  no  law,  nor  regard  the  constitutional  rights 
of  his  Majesty's  subjects,  whenever  they  interfere  with  the  plan 
he  has  formed  for  oppressing  the  good  people  of  the  Massachusetts 
Bay ;  and,  therefore,  that  tlie  executing,  or  attempting  to  execute, 
such  proclamation,  will  justify  resistance  and  reprisal. 


[Note  E.] 

Monticello,  November  1,  1778, 
Dear  Sir, 

I  have  got  through  the  bill  *  for  proportioning  crimes  and  punish- 
ments in  cases  heretofore  capital,'  and  now  enclose  it  to  you  with 
a  request  that  you  will  be  so  good,  as  scrupulously  to  examine  and 
correct  it,  that  it  may  be  presented  to  our  committee,  with  as  few 
defects  as  possible.  In  its  style,  I  have  aimed  at  accuracy,  brevity, 
and  simplicity,  preserving,  however,  the  very  words  of  the  esta- 
blished law,  wherever  their  meaning  had  been  sanctioned  by  judi- 
cial decisions,  or  rendered  technical  by  usage.  The  same  matter, 
if  couched  in  the  modern  statutory  language,  with  all  its  tautolo- 
gies, redundancies  and  circumlocutions,  would  have  spread  itself 
over  many  pages,  and  been  unintelligible  to  those  whom  it  most 
concerns.  Indeed,  I  wished  to  exhibit  a  sample  of  reformation  in 
the  barbarous  style,  into  which  modern  statutes  have  degenerated 
from  their  antient  simplicity.  And  I  must  pray  you  to  be  as  watch- 
ful over  what  I  have  not  said,  as  what  is  said ;  for  the  omissions  of 
this  bill  have  all  their  positive  meaning.  I  have  thought  it  better 
to  drop,  in  silence,  the  laws  we  mean  to  discontinue,  and  let  them 
be  swept  away  by  tlie  general  negative  words  of  this,  than  to  detail 
them  in  clauses  of  express  repeal.  By  the  side  of  tlie  text  I  have 
written  the  notes  I  made,  as  I  went  along,  for  the  benefit  of  my 
own  memory.  They  may  serve  to  draw  your  attention  to  ques- 
tions, to  which  the  expressions  or  the  omissions  of  the  text  may 
give  rise.     The  extracts  from  the  Anglo-Saxon  laws,  the  sources 


120 

of  the  Common  law,  I  wrote  in  their  original,  for  my  own  satisfac- 
tion ;*  but  I  have  added  Latin,  or  liberal  English  translations.  From 
the  time  of  Canute  to  that  of  the  Magna  Charta,  you  know,  the 
text  of  our  statutes  is  preserved  to  us  in  Latin  only,  and  some  old 
French. 

I  have  strictly  observed  the  scale  of  punishments  settled  by  the 
Committee,  without  being  entirely  satisfied  with  it.  The  Lex  tali- 
onis,  although  a  restitution  of  the  Common  law,  to  the  simplicity  of 
which  we  have  generally  found  it  so  advantageous  to  return,  wiD 
be  revolting  to  the  humanised  feelings  of  modern  times.  An  eye 
for  an  eye,  and  a  hand  for  a  hand,  will  exhibit  spectacles  in  exe- 
cution whose  moral  effect  would  be  questionable ;  and  even  the 
memhrumpro  membro  of  Bracton,  or  the  punishment  of  the  offend- 
ing member,  although  long  authorised  by  our  law,  for  the  same 
offence  in  a  slave,  has,  you  know,  been  not  long  since  repealed, 
in  conformity  with  public  sentiment.     This  needs  reconsideration. 

I  have  heard  little  of  the  proceedings  of  the  Assembly,  and  do 
not  expect  to  be  with  you  till  about  the  close  of  the  month.  In 
the  meantime,  present  me  respectfully  to  Mrs.  Wythe,  and  accept 
assurances  of  the  affectionate  esteem  and  respect  of,  dear  Sir, 

Your  friend  and  servant, 

Th:  Jefferson. 

George  Wythe,  Esq. 


A  bill  for  proportioning  crimes  and  punishments,  in  cases  Jiereto- 
fore  capital. 

Whereas,  it  frequently  happens  that  wicked  and  dissolute  men, 
resigning  themselves  to  the  dominion  of  inordinate  passions,  commit 
violations  on  the  lives,  liberties,  and  property  of  others,  and,  the 
secure  enjoyment  of  these  having  principally  induced  men  to  en- 
ter into  society,  government  would  be  defective,  in  its  principal 
purpose,  were  it  not  to  restrain  such  criminal  acts,  by  inflicting  due 
punishments  on  those  who  perpetrate  tliem ;  but  it  appears,  at  the 
same  time,  equally  deducible  from  the  purposes  of  society,  that  a 
member  thereof,  committing  an  inferior  injury,  does  not  wholly 
forfeit  the  protection  of  his  fellow  citizens,  but,  after  suffering  a 
punishment  in  proportion  to  his  offence,  is  entitled  to  their  protec- 
tion from  all  greater  pain,  so  that  it  becomes  a  duty  in  the  legis- 

[*  In  this  publication,  the  original  Saxon  words  are  given,  but,  owing  to 
the  want  of  Saxon  letter,  they  are  printed  in  common  type.] 


121 

lature  to  arrange,  in  a  proper  scale,  the  crimes  which  it  may  be 
necessary  for  them  to  repress,  and  to  adjust  thereto  a  correspond- 
ing gradation  of  punishments. 

And  whereas,  the  reformation  of  offenders,  though  an  object 
worthy  the  attention  of  the  laws,  is  not  effected  at  all  by  capital 
punishments,  which  exterminate,  instead  of  reforming,  and  should 
be  the  last  melancholy  resource  against  those  whose  existence  is 
become  inconsistent  with  the  safety  of  their  fellow  citizens,  which 
also  weaken  the  State,  by  cutting  off  so  many  who,  if  reformed, 
might  be  restored  sound  members  to  society,  who,  even  under 
a  course  of  correction,  might  be  rendered  useful  in  various  labors 
for  the  public,  and  would  be  living  and  long  continued  spectacles 
to  deter  others  from  committing  the  like  offences. 

And  forasmuch  as  the  experience  of  all  ages  and  countries  hath 
shewn,  that  cruel  and  sanguinary  laws  defeat  their  own  purpose, 
by  engaging  the  benevolence  of  mankind  to  withhold  prosecutions, 
to  smother  testimony,  or  to  listen  to  it  with  bias,  when,  if  the  pun- 
ishment were  only  proportioned  to  the  injury,  men  would  feel  it 
their  inclination,  as  well  as  their  duty,  to  see  the  laws  observed. 

For  rendering  crimes  and  punishments,  therefore,  more  pro- 
portionate to  each  other : 

Be  it  enacted  by  the  General  Assembly,  that  no  crime  shall  be 
henceforth  punished  by  deprivation  of  life  or  limb,*  except  those 
hereinafter  ordained  to  be  so  punished. 

f  If  a  man  do  levy  war  J  against  the  Commonwealth  [in  the 
same],  or  be  adherent  to  the  enemies  of  the  Commonwealth  [with- 
in the  5ame,]<5  giving  to  them  aid  or  comfort  in  the  Commonwealth, 

*  This  takes  away  the  punishment  of  cutting  off  the  hand  of  a  person  striking 
another,  or  drawing  his  sword  in  one  of  the  superior  courts  of  justice.  Stamf. 
P.  C.  38.  33.  H.  8.  c.  12.  In  an  earlier  stage  of  the  Common  law,  it  was  death.  Gif 
hwa  gefeohte  on  Cyninges  huse  sy  he  scyldig  ealles  his  yrfes,  and  sy  on 
Cyninges  dome  hwsether  he  hf  age  de  nage  :  si  quis  in  regis  domo  pugnet, 
perdat  omnem  suara  haereditatem,  et  in  regis  sit  arbitrio,  possideat  vitam  an 
non  possideat.  LI.  Inae.  6.  Gif  hwa  on  Cyninges  healle  gefeohte,  oththe 
his  wcepne  gebrede,  and  hine  mon  gefo,  sy  theet  on  Cyninges  dome  swa  death, 
swa  lif,  swa  he  him  forgyfan  wille  :  si  quis  in  aula  regia  pugnet,  vel  arma  sua 
extrahat  et  capiatur,  sit  in  regis  aibitrio  tam  mors  quam  vita,  sicut  ei  con- 
donare  voluerit.  LI.  Alfr.  7.  Gif  hwa  on  Cyninges  hirede  gefeohte  thohge 
thaet  lifes,  buton  se  Cyning  him  gearian  wille  :  si  quis  in  regia  dimicat,  per- 
dat vitam,  nisi  rex  hoc  illi  condonare  velit.  LI.  Cnuti.  56.  4.  Bl.  125. 

t  25.  E.  3.  St.  5.  c.  2.    7.  W.  3.  c.  3.  §  2. 

t  Though  the  crime  of  an  accomplice  in  treason  is  not  here  described,  yet. 
Lord  Coke  says,  the  partaking  and  maintaining  a  treason  herein  described, 
makes  him  a  principal  in  that  treason;  it  being  a  rule  that  in  treason  all  are 
principals.  3  Inst.  138.  2  Inst.  590.  1  H.  6.  5. 

§  These  words  in  the  English  statute  narrow  its  operation.  A  man  adlier- 
ing  to  the  enemies  of  the  Commonwealth,  in  a  foreign  country,  would  certainly 
not  be  guilty  of  treason  with  us,  if  these  words  be  retained.    The  convictions 

VOL.  I.  16 


m2 

or  elsewhere,  and  thereof  be  convicted  of  open  deed,  by  the  evi- 
dence of  two  sufficient  witnesses,  or  his  own  voluntary  confession, 
the  said  cases,  and  no*  others,  shall  be  adjudged  treasons  which 
extend  to  the  Commonwealth,  and  the  person  so  convicted  shall 
suffer  death  by  hanging,f  and  shall  forfeit  his  lands  and  goods  to 
the  Commonwealth. 

If  any  person  commit  Petty  treason,  or  a  husband  murder  his 
wife,  a  parent  J  his  child,  or  a  child  his  parent,  he  shall  suffer  death 

of  treason  of  that  kind  in  England ,  have  been  under  that  branch  of  the  statute 
which  makes  the  compassing  the  king's  death  treason.  Foster  19C.  197.  But 
as  we  omit  that  branch,  we  must  by  other  means  reach  this  flagrant  case. 

*  The  stat.  25.  E.  3.  directs  all  other  cases  of  treasons  to  await  the  opinion 
of  Parliament.  This  has  the  effect  of  negative  words,  excluding  all  other 
treasons.  As  we  drop  that  part  of  the  statute,  we  must,  by  negative  words, 
prevent  an  inundation  of  common  law  treasons.  I  strike  out  the  word  *  it,' 
therefore,  and  insert  '  the  said  cases  and  no  others.'  Quaere,  how  far  those  ne- 
gative \vords  may  affect  the  case  of  accomplices  above  mentioned  .''  Though  if 
their  case  was  within  the  statute,  so  as  that  it  needed  not  await  the  opinion  of 
Parliament,  it  should  seem  to  be  also  within  our  act,  so  as  not  to  be  ousted  by 
the  negative  words. 

t  This  implies  *  by  the  neck.'     See  2  Hawk.  444.  notes  n.  o. 

t  By  the  stat.  21.  Jac.  1.  c.  27.  and  Act  Ass.  1710.  c.  12.  concealment  by 
the  mother  of  the  death  of  a  bastard  child  is  made  murder.  In  justification 
of  this,  it  is  said,  that  shame  is  a  feeling  which  operates  so  strongly  on  the 
mind,  as  frequently  to  induce  the  mother  of  such  a  child  to  murder  it,  in 
order  to  conceal  her  disgrace.  The  act  of  concealment,  therefore,  proves 
she  was  influenced  by  shame,  and  that  influence  produces  a  presumption 
that  she  murdered  the  child.  The  effect  of  this  law  then,  is,  to  make  what, 
in  its  nature,  is  only  presumptive  evidence  of  a  murder,  conclusive  of  that 
fact.  To  this  I  answer,  1 .  So  many  children  die  before,  or  soon  after  birth,  that 
to  presume  all  those  murdered  who  are  found  dead,  is  a  presumption  which 
will  lead  us  oftener  wrong  than  right,  and  consequently  would  shed  more 
blood  than  it  would  save.  2.  If  the  child  were  born  dead,  the  mother  would 
naturally  choose  rather  to  conceal  it,  in  hopes  of  still  keeping  a  good  character 
in  the  neighborhood.  So  that  the  act  of  concealment  is  far  from  proving  the 
guilt  of  murder  on  the  mother.  3.  If  shame  be  a  powerful  affection  of  the 
mind,  is  not  parental  love  also.'*  Is  it  najfejihe  strongest  affection  known  ?  Is  it  not 
greater  than  even  that  of  self-preservauOn  .''  While  we  draw  presumptions  from 
shame,  one  affection  of  the  mind,  against  the  life  of  the  prisoner,  should  we 
not  give  some  weight  to  presumptions  from  parental  love,  an  affection  at  least 
as  strong,  in  favor  of  life  ?  If  concealment  of  the  fact  is  a  presumptive  evi- 
dence of  murder,  so  strong  as  to  overbalance  all  other  evidence  that  may 
possibly  be  produced  to  take  away  the  presumption,  why  not  trust  the  force 
of  this  incontestable  presumption  to  the  jury,  who  are,  in  a  regular  course, 
to  hear  presumptive,  as  well  as  positive  testimony  .''  If  the  presumption,  aris- 
ing from  the  act  of  concealment,  may  be  destroyed  by  proof  positive  or  cir- 
cumstantial to  the  contrary,  why  should  the  legislature  preclude  that  contrary 
proof.''  Objection.  The  crime  is  difficult  to  prove,  being  usually  committed  in 
secret.  Answer.  But  circumstantial  proof  will  do  ;  for  example,  marks  of 
violence,  the  behavior,  countenance,  &c.  of  the  prisoner,  &c.  And  if  conclu- 
sive proof  be  difficult  to  be  obtained,  shall  we  therefore  fasten  irremovably 
upon  equivocal  proof  .^  Can  we  change  the  nature  of  what  is  contestable,  and 
make  it  incontestable  ?  Can  we  make  that  conclusive  which  God  and  nature 
have  made  inconclusive  ?  Solon  made  no  law  against  parricide,  supposing  it 
impossible  any  one  could  be  guilty  of  it ;  and  the  Persians,  from  the  same 
opinion,  adjudged  all  who  killed  their  reputed  parents  to  be  bastards  :   and 


123 

by  hanging,  and  his  body  be  dehvered  to  Anatomists  to  be  dis- 
sected. 

Whosoever  committeth  murder  by  poisoning,  shall  suffer  death 
by  poison. 

Whosoever  committeth  ifiurder  by  way  of  duel,  shall  suffer  death 
by  hanging ;  and  if  he  were  tlie  challenger,  his  body,  after  death, 
shall  be  gibbeted.^  He  who  removeth  it  from  the  gibbet,  shall 
be  guilty  of  a  misdemeanor ;  and  the  officer  shall  see  that  it  be 
replaced. 

Whosoever  shall  commit  murder  in  any  other  way,  shall  suffer 
death  by  hanging. 

And  in  all  cases  of  Petty  treason  and  murder,  one  half  of  the 
lands  and  goods  of  the  offender,  shall  be  forfeited  to  tlie  next  of 
kin  to  the  person  killed,  and  the  other  half  descend  and  go  to  his 
own  representatives.  Save  only,  where  one  shall  slay  the  chal- 
lenger in  a  duel,f  in  which  case,  no  part  of  his  lands  or  goods  shall 
be  forfeited  to  the  kindred  of  the  party  slain,  but,  instead  tliereof, 
a  moiety  shall  go  the  Commonwealth. 

The  same  evidencej  shall  suffice,  and  order  and  course^  of 
trial  be  observed  in  Cases  of  Petty  treason,  as  in  those  of  other|| 
murders. 

Whosoever  shall  be  guilty  of  manslaughter,ir  shall,  for  the  first 
offence,  be  condemned  to  hard**  labor  for  seven  years,  in  the 

although  parental,  be  yet  stronger  than  filial  affection,  we  admit  saticide 
proved  on  the  most  equivocal  testimony,  whilst  they  rejected  all  proof  of  an 
act,  certainly  not  more  repugnant  to  nature,  as  of  a  thing  impossible,  un- 
provable.    See  Beccaria,  §  31. 

*  25.  G.  2.  c.  37. 

t  QusBre,  if  the  estates  of  both  parties  in  a  duel,  should  not  be  forfeited? 
The  deceased  is  equally  guilty  with  a'  suicide. 

t  QujEre,  if  these  words  may  not  be  omitted  ?  By  the  Common  law,  one  wit- 
ness in  treason  was  sufficient.  Foster  233,  Plowd.  8.  a.  Mirror  c.  3.  §  34.  Wa- 
terhouse  on  Fortesc.  de  laud.  252.  Carth.  144.  per  Holt.  But  Lord  Coke, 
contra  3  inst.  26.  The  stat.  1.  E.  6.  c.  12.  &  5.  E.  6.  c.  11.  first  required  two  wit- 
nesses in  treason.  The  clause  against  high  treason  supra,  does  the  same  as 
to  high  treason  :  but  it  seems  if  1st  and  5th  E.  C.  are  dropped.  Petty  treason 
will  be  tried  and  proved,  as  at  Common  law,  by  one  witness.  But  qusere,  Lord 
Coke  being  contra,  whose  opinion  it  is  ever  dangerous  to  neglect. 

§  These  words  are  intended  to  take  away  the  peremptory  challenge  of 
thirty-five  jurors.  The  same  words  being  used  1.  2.  Ph.  &  M.  c.  10.  are 
deemed  to  have  restored  the  peremptory  challenge  in  high  treason  ;  and  con- 
sequently are  sufficient  to  take  it  away.     Foster  237. 

II  Petty  treason  is  considered  in  law  only  as  an  aggravated  murder.  Foster 
107.  323.  A  pardon  of  all  murders,  pardons  Petty  treason.  I  Hale  P.  C.  378. 
see  2  H.  P.  C.  340.  342.  It  is  also  included  in  the  word  '  felony,'  so  that  a 
pardon  of  all  felonies,  pardons  Petty  treason. 

II  Manslaughter  is  punishable  at  law,  by  burning  in  the  hand,  and  forfeit- 
ure of  chattels. 

**  It  is  best,  in  this  act,  to  lay  down  principles  only,  in  order  that  it  may  not 
for  ever  be  undergoing  change :  and,  to  carry  into  effect  the  minuter  parts 


124 

public  works,  shall  forfeit  one  half  of  his  lands  and  goods  to  the 
next  of  kin  to  the  person  slain  ;  the  other  half  to  be  sequestered 
during  such  term,  in  the  hands  and  to  the  use  of  the  Common- 
wealth, allowing  a  reasonable  part  of  the  profits  for  the  support  of 
his  family.     The  second  offence  shall  he  deemed  murder. 

And  where  persons,  meaning  to  commit  a  trespass'^  only,  or 
larceny,  or  other  unlawful  deed,  and  doing  an  act  from  which 
involuntary  homicide  hath  ensued,  have  heretofore  been  adjudged 
guilty  of  manslaughter,  or  of  murder,  by  transferring  such  their 
unlawful  intention  to  an  act,  mucji  more  penal  than  they  could 
have  in  probable  contemplation ;  no  such  case  shall  hereafter  be 
deemed  manslaughter,  unless  manslaughter  was  intended,  nor 
murder,  unless  murder  was  intended. 

In  other  cases  of  homicide,  the  law  will  not  add  to  the  miseries 
of  the  party,  by  punishments  or  forfeitures,  f 

of  it,  frame  a  bill  '  for  the  employment  and  government  of  felons,  or  male- 
factors, condemned  to  labor  for  the  Commonwealth,'  which  may  serve  as  an 
Appendix  to  this,  and  in  which  all  the  particulars  requisite  may  be  directed  : 
and  as  experience  will,  from  time  to  time,  be  pointing  out  amendments,  these 
may  be  made  without  touching  this  fundamental  act.  See  More's  Utopia 
pa.  50.  for  some  good  hints.  Fugitives  might,  in  such  a  bill,  be  obliged  to 
work  two  days  for  every  one  they  absent  themselves. 

*  The  shooting  at  a  wild  fowl,  and  killing  a  man,  is  homicide  by  misad- 
venture. Shooting  at  a  pullet,  without  any  design  to  take  it  away,  is  man- 
slaughter ;  and  with  a  design  to  take  it  away,  is  murder.  C  Sta.  tr.  222.  To 
shoot  at  the  poultry  of  another,  and  thereby  set  fire  to  his  house,  is  arson,  in 
the  opinion  of  some.     Dalt.  c,  116.     1.  Hale's  P.  C.  569.  contra. 

t  Becfi^ria.  §  32.  Suicide.  Homicides  are,  1.  Justifiable.  2.  Excusable. 
3.  Felonious.  For  the  last,  punishments  have  been  already  provided.  The 
first  are  held  to  be  totally  without  guilt,  or  rather  commendable.  The  se- 
cond are  in  some  cases,  not  quite  unblamable.  These  should  subject  the  party 
to  marks  of  contrition ;  viz.  the  kilUng  of  a  man  in  defence  of  property  ;  so  also 
in  defence  of  one's  person,  which  is  a  species  of  excusable  homicide  ;  because, 
although  cases  may  happen  where  these  also  are  commendable,  yet  most  fre- 
quently, they  are  done  on  too  slight  appearance  of  danger;  as  in  return  for  a 
blow,  kick,  fillup,  &c. ;  or  on  a  person's  getting  into  a  house,  not  animo  furan- 
di,  but  perhaps  veneris  causa,  &c.  Bracton  says,  '  si  quis  furem  noctufhura 
Occident,  ita  demum  impune  foret,  si  parcere  ei  sine  periculo  suo  non  potuit,  si 
autem  potuit,  aliter  erit.'  Item  erit  si  quis  hamsokne  quae  dicitur  invasio  do- 
mus  contra  pacem  domini  regis  in  domo  sua  se  defenderit,  et  invasor  occisus 
fuerit ;  impersecutus  et  inultus  remanebit,  si  ille  quem  invasit  aliter  se  de- 
fendere  non  potuit ;  dicitur  enim  quod  non  est  dignus  habere  pacem  qui  non 
vult  observare  eam.'  L.  3.  c.  23.  §  3.  *  Qui  latronem  occiderit,  non  tenetur, 
nocturnum  vel  diurnum,  si  aliter  periculum  evadere  non  possit ;  tenetur  ta- 
men  si  possit.  Item  non  tenetur  si  per  infortunium,  et  non  animo  et  voluntate 
occidendi,  nee  dolus,  nee  culpa  ejus  inveniatur.'  L.  3.  c.  36.  §  1.  The  stat. 
24.  H.  8.  c.  5,  is  therefore  merely  declaratory  of  the  Common  law.  See  on  the 
general  subject  Puffend.  2.  5.  §  10.  11.  12.  16. 17,  Excusable  homicides  are 
by  misadventure,  or  in  self-defence.  It  is  the  opinion  of  some  lawyers,  that 
the  Common  law  punished  these  with  death,  and  that  the  statute  of  Marl- 
bridge,  c.  26.  and  Gloucester,  c.  9.  first  took  away  this  by  giving  them  title  to 
a  pardon,  as  matter  of  right,  and  a  writ  of  restitution  of  their  goods.  See  2. 
Inst  148.  315.  3.  Inst.  55.    Bracton  L.  3,  c.  4.  §  2.  FietaL.  1.  c.  23.  §.  14.  15. 


125 

Whenever  sentence  of  death  shall  have  been  pronounced  against 
any  person  for  treason  or  murder,  execution  shall  be  done  on  the 
next  day  but  one  after  such  sentence,  unless  it  be  Sunday,  and 
then  on  the  Monday  following.* 

Whosoever  shall  be  guilty  of  Rape,f  Polygamy,!  or  Sodomy^ 

21.  E.  3.  23.  But  it  is  believed  never  to  have  been  capital.  1.  H.  P.  C.  425.  1. 
Hawk.  75.  Foster,  282.  4.  Bl.  188.  It  seems  doubtful  also,  whether  at  Common 
law,  the  party  forfeited  all  his  chattels  in  this  case,  or  only  paid  a  weregild. 
Foster,  ubi  supra,  doubts,  and  thinks  it  of  no  consequence,  as  the  statute  of 
Gloucester  entitles  the  party  to  Royal  grace,  which  goes  as  well  to  forfeit- 
ure as  life.  To  me,  there  seems  no  reason  for  calling  these  excusable  homi- 
cides, and  the  killing  a  man  in  defence  of  property,  a  justifiable  homicide.  The 
latter  is  less  guiltless  than  misadventure  or  self-defence. 

Suicide  is  by  law  punishable  by  forfeiture  of  chattels.  This  bill  exempts  it 
from  forfeiture.  The  suicide  injures  the  state  less  than  he  who  leaves  it  with 
his  effects.  If  the  latter  then  be  not  punished,  the  former  should  not.  As  to 
the  example,  we  need  not  fear  its  influence.  Men  are  too  much  attached  to 
life,  to  exhibit  frequent  instances  of  depriving  themselves  of  it  At  any  rate, 
the  quasi-punishment  of  confiscation  will  not  prevent  it.  For  if  one  be  found 
who  can  calmly  determine  to  renounce  life,  who  is  so  weary  of  his  existence 
here,  as  rather  to  make  experiment  of  what  is  beyond  the  grave,  can  we  sup- 
pose him,  in  such  a  state  of  mind,  susceptible  of  influence  from  the  losses  to 
his  family  by  confiscation  .''  That  men  in  general,  too,  disapprove  of  this  se- 
verity, is  apparent  from  the  constant  practice  of  juries  finding  the  suicide 
in  a  state  of  insanity  ;  because  they  have  no  other  way  of  saving  the  forfeiture. 
Let  it  then  be  done  away. 

*  Beccaria.  §  19.    25.  G.  2.c.  37. 

t  13.  E.  I.e.  34.  Forcible  abduction  of  a  woman  having  substance,  is  felony 
by  3.  H.  7.  c.  2.  3.  Inst.  CI.  4.  Bl.  208.  If  goods  be  taken,  it  will  be  felony  as 
to  them,  without  this  statute  :  and  as  to  the  abduction  of  the  woman,  quaere  if 
not  better  to  leave  that,  and  also  kidnapping,  4.  Bl.  219/  to  the  Common  law 
remedies,  viz.  fine,  imprisonment,  and  pillory,  Raym.  474.  2.  Show.  221.  Skin. 
47.  Comb.  10.  the  writs  of  Homine  replegiando.  Capias  in  Withernam,  Ha- 
beas corpus,  and  the  action  of  trespass .''  Rape  was  felony  at  the  Common  law. 
3.  Inst.  GO.  but  see  2.  Inst.  181.  further — for  its  definition  see  2.  Inst.  180. 
Bracton,  L.  3.  c,  28.  §  1.  says,  the  punishment  o^  rape  is  '  amissio  membrorum, 
ut  sit  membrum  pro  membro,  quia  virgo,  cum  cdrrumpitur,  membrum  amittit, 
et  ideo  corrupter  puniatur  in  eo  in  quo  deliquit ;  oculos  igitur  amittat  propter 
aspectum  decoris  quo  virginem  concupivit ;  amittat  et  testiculos  qui  calorem 
stupri  induxerunt.  Olim  quidem  corruptores  virginitatis  et  castitatis  suspen- 
debantur  et  eorum  fautores,  &c.  Modernis  tamen  temporibus  aliter  observa- 
tur,'  &c.  And  Fleta,  '  solet  justiciarius  pro  quolibet  mahemio  ad  amissionem 
testiculorum  vel  oculorum  convictum  condemnare,  sed  non  sine  errore,  eo  quod 
id  judicium  nisi  in  corruptione  virginum  tantum  competebat ;  nam  pro  virgini- 
tatis corruptione  solebant  abscidi  et  raerito  judicari,  ut  sic  pro  membro  quod 
abstulit,  membrum  per  quod  deliquit  amitteret,  viz.  testiculos,  qui  calorem 
stupri  induxerunt,'  &c.  Fleta,  L.  1.  c.  40.  §  4.  '  Gif  theow  man  theowne  to 
nydhaemed  genyde,  gabete  mid  his  eowende  :'  Si  servus  servam  ad  stuprura 
coegerit,  compenset  hoc  virga  sua  virili.  Si  quis  puellam,' &c.  LI.  Aelfridi, 
25.     '  Hi  purgist  femme  per  forze  forfait  ad  les  membres.     LI.  Gul.  conq.  19. 

In 

X  1.  Jac.  1.  c.  11.  Polygamy  was  not  penal  till  the  statute  1.  Jac-.  The  law 
contented  itself  with  the  nullity  of  the  act.     4.  Bl.  163.     3.  Inst.  88 

§  25.  H.  8.  c.  6.  Buggery  is  twofold.  1.  With  mankind,  2.  with  beasts. 
Buggery  is  the  Genus,  of  which  Sodomy  and  Bestiality,  are  the  species.     12. 

Co.  37,  says, 


I 


126 


with  man  or  woman,  shall  be  punished,  if  a  man,  by  castration,* 
if  a  woman,  by  cutting  through  the  cartilage  of  her  nose  a  hole  of 
one  half  inch  in  diameter  at  the  least. 

But  no  one  shall  be  punished  for  Polygamy,  who  shall  have 
married  after  probable  information  of  the  death  of  his  or  her  hus- 
band or  wife,  or  after  his  or  her  husband  or  wife,  hath  absented 
him  or  herself,  so  that  no  notice  of  his  or  her  being  alive,  hath 
reached  such  person  for  seven  years  together,  or  hath  suffered  the 
punishments  before  prescribed  for  rape,  polygamy,  or  sodomy. 

Whosoever  on  purpose,  and  of  malice  forethought,  shall  maimf 
another,  or  shall  disfigure  him,  by  cutting  out  or  disabling  the 
tongue,  slitting  or  cutting  off  a  nose,  lip  or  ear,  branding,  or  other- 
wise, shall  be  maimed,  or  disfigured  in  like  J  sort :  or  if  that  cannot 

In  Dyer,  304.  a  man  was  indicted,  and  found  guilty  of  rape  on  a  girl  of  seven 
years  old.  The  court  *  doubted  of  the  rape  of  so  tender  a  girl ;  but  if  she 
had  been  nine  years  old,  it  would  have  been  otherwise.'  14.  Eliz.  Therefore 
the  statute  18.  Eliz.  c.  6.  says,  *  for  plain  declaration  of  law,  be  it  enacted,  that 
if  any  person  shall  unlawfully  and  carnally  know  and  abuse  any  woman  child, 
under  the  age  of  ten  years,  &c.  he  shall  suffer  as  a  felon,  without  allowance  of 
clergy.'  Lord  Hale,  liowever,  1.  P.  C.  630.  thinks  it  rape  independent  of  that 
statute,  to  know  carnally,  a  girl  under  twelve,  the  age  of  consent.  Yet  4.  Bl. 
212.  seems  to  neglect  this  opinion  ;  and  as  it  was  founded  on  the  words  of  3.  E. 
1.  c.  13.  and  this  is  with  us  omitted,  the  offence  of  carnally  knowing  a  girl 
under  twelve,  or  ten  years  of  age,  will  not  be  distinguished  from  that  of  any 
other. 

*  Bracton,  Fleta,  ifec. 

t  22.  23.  Car.  2.  c.  1.  Maiming,  was  felony  at  the  Common  law.  Britton, 
c  25.  '  Mahemium  autem  dici  poterit,  ubi  aliquis  in  aliqua  parte  sui  corparis 
laesionem  acceperit,  per  quam  affectus  sit  inutilis  ad  pugnandum  :  ut  si  manus 
amputetur,  vel  pes,  oculus  privetur,  vel  scerda  de  osse  capitis  lavetur,  vel  si 
quis  dentes  praecisores  amiserit,  vel  castratus  fuerit,  et  talis  pro  mahemiato 
poterit  adjudicari.'  Fleta  L.  1-  c.  40.  '  Et  volons  que  nul  maheme  ne  soit  tonus 
forsque  de  membre  toilet  dount  home  est  plus  feble  a  combatre,  sicome  deloyl, 
ou  de  la  mayn,  ou  del  pie,  ^  de  la  tete  debruse,  ou  de  les  dentz  devant.' 
Britton,  c.  25.  For  further  definitions,  see  Bracton,  L.  3.  c.  24.  §  3.4.  Finch 
L.  B.  3.  c.  12.  Co.  L.  126.  a.  b.  288.  a.  3.  Bl.  121.  4.  Bl.  205.  Stamf  P.  C.  L.  1. 
c.  41.  I  do  not  find  any  of  these  definitions  confine  the  offence  to  wilful  and 
malicious  perpetrations  of  it.  22.  23.  Car.  2.  c.  1.  called  the  Coventry  act,  has 
the  words  '  on  purpose  and  of  malice  forethought.'  Nor  does  the  Common  law 
prescribe  the  same  punishment  for  disfiguring,  as  for  maiming. 

%  The  punishment  was  by  retaliation.    ^  Et  come  ascun  appele  serra  de  tele 

Co.  37.  says  '  note  that  Sodomy  is  with  mankind.'  But  Finch's  L.  B.  3.  c.  24. 
'  Sodomitry  is  a  carnal  copulation  against  nature,  to  wit,  of  man  or  woman  in 
the  same  sex,  or  of  either  of  them  with  beasts.'  12.  Co.  36.  says,  '  it  appears 
by  the  antient  authorities  of  the  law  that  this  was  felony.'  Yet  the  25.  H.  8. 
declares  it  felony,  as  if  supposed  not  to  be  so.  Britton,  c.  9.  says,  that  Sodom- 
ites are  to  be  burnt.  F.  N.  B.  269.  b.  Fleta,  L.  1.  c.  37.  says,  'pecorantes  et 
Sodomitae  in  terra  vivi  confodiantur.'  The  Mirror  makes  it  treason.  Besti- 
ality can  never  make  any  progress;  it  cannot  therefore  be  injurious  to  society 
in  any  great  degree,  which  is  the  true  measure  of  criminality  in  foro  civilly 
and  will  ever  be  properly  and  severely  punished,  by  universal  derision.  It 
may,  therefore,  be  omitted.  It  was  antiently  punished  with  death,  as  it  has 
been  latterly.    LI.  Aelfrid.  31v  and  25.  H.  8.  c.  6.  see  Beccaria.  §  31.  Montesq. 


be  for  want  of  the  same  part,  then  as  nearly  as  may  be,  in  some 
other  part  of  at  least  equal  value  and  estimsftion,  in  the  opinion  of 
a  jury,  and  moreover,  shall  forfeit  one  half  of  his  lands  and  goods 
to  the  sufferer. 

Whosoever  shall  counterfeit*  any  coin,  curreYit  by  law  within  this 
Commonweahh,  or  any  paper  bills  issued  in  the  nature  of  money, 
or  of  certificates  of  loah  on  the  credit  of  this  Commonwealth,  or 
of  all  or  any  of  the  United  States  of  America,  or  any  Inspectors' 
notes  for  tobacco,  or  shall  pass  any  such  counterfeited  coin,  paper, 
bills,  or  notes,  knowing  them  to  be  counterfeit ;  or,  for  the  sake  of 
lucre  shall  diminish, f  case,  or  wash  any  such  com,  shall  be  con- 
demned to  hard  labor  six  years  in  the  public  works,  and  shall  for- 
feit all  his  lands  and  goods  to  the  Commonwealth. 

{  Whosoever  committeth  Arson,  shall  be  condemned  to  hard 
labor  five  years  in  the  public  works,  and  shall  make  good  the  loss> 
of  the  sufferers  threefold.^ 


felonie  atteint  et  attende  jugement,  si  soit  le  jugement  tiel  que  il  perde  autriel 
membre  come  il  avera  toilet  al  pleintyfe.  Et  sy  la  pleynte  soit  faite  de  femme 
que  avera  toilet  a  home  ses  membres,  en  tiel  cas  perdra  la  femme  la  une  meyn 
par  jugement,  come  le  membre  dount  ele  avera  trespasse.'  Britton,  c.  25. 
Fleta.  B.  1.  c.  40.  LI.  Aelfr.  19.  40. 

*  25.  E.  3.  St.  5.  c  2.  5.  El.  c.  11.  18.  El.  c.  1.  8.  9.  W.  3.  c.  26.  15.  16.  G.  2. 
c.  28.  7.  Ann.  c.  25.  By  the  laws  of  Aethelstan  and  Canute,  this  was  pun- 
ished by  cutting  off  the  hand.  '  Gif  se  mynetere  ful  wurthe  slea  man  tha  hand 
of,  the  he  that  ful  raid  worthe  and  sette  uppon  tha  mynet  smiththan.'  In  Eng- 
lish characters  and  words  '  if  the  minter  foul  [criminal]  wert,  slay  the  hand 
oiF,  that  he  the  foul  [crime]  with  wrought,  and  set  upon  the  mint-smithery.' 
LI.  Aethelst.  14.  '  And  sethe  ofer  this  false  wyrce,  tholige  thajra  handa  the 
he  theBt  false  mid  worhte.'  '  Et  si  quis  praeter  hanc,  falsam  fecerit,  perdat 
manum  quacum  falsam  confecit.'  LI.  Cnuti.  8.  It  had  been  death  by  the  LI.* 
Aethelredi  sub  fine.  By  those  of  H.  1.  '  si  quis  cum  falso  denario  inventus 
fuerit — fiat  justitia  mea,  saltem  de  dextro  pugno  et  de  testiculi*.'  Anno  1108. 
Operae  pretium  vero  est  audire  quam  severus  rex  fuerit  in  pravos.  Monetarios 
enim  fere  omnes  totius  Angliae  fecit  ementulari,  et  manus  dextras  abscindi, 
quia  monetam  furtive  corruperant.  Wiikins  ib.  et  anno  1125.  When  the 
Common  law  became  settled,  it  appears  to  have  been  punishable  by  death. 
'  Est  aliud  genus  criminis  quod  sub  nomine  falsi  continetur,  et  tangit  coronam 
domini  regis,  et  ultimum  inducit  supplicium,  sicut  de  illis  qui  falsam  fabricant 
monetam,  et  qui  de  re  non  reproba,  faciunt  reprobam  ;  sicut  sunt  retonsores 
denariorum.  Bract.  L.  3.  c.  3.  §  2.  Fleta,  L.  1.  c.  22.  §  4.  Lord  Hale  thinks 
it  was  deemed  petty  treason  at  common  law.  1.  H.  P.  C.  220.  224.  The  bring- 
ing in  false  money  with  intent  to  merchandize,  and  make  payment  of  it  is 
treason,  by  25.  E.  3.  But  the  best  proof  of  the  intention,  is  the  act  of  passing 
it,  and  why  not  leave  room  for  repentance  here,  as  in  other  cases  of  felonies 
intended.?  1.  H.  P.  C.  229. 

t  Clipping,  filing,  rounding,  impairing,  scaling,  lightening,  (the  words  in  *• 
the  statutes)  are  included  in   '  diminishing  :'  gilding;,  in  the  word  *  casing  / 
colouring   in  the  word  *  washing ;'  and  falsifying   or  marking,  is  '  counter- 
feiting.' 

X  43.  El.  c.  13.  confined  to  four  counties.    22.  23.  Car.  2.  c.  7.  9  G.  1.  c.  22. 
9.  G.  3.  c.  29. 

§  Arson  was  a  felony  at  Common  law — 3.  inst.  QQ ;   punished  by  a  fine,  LI. 
Aethelst.  6.     But  LI.  Cnuti,  61.  make  it  a  *  scelus  inexpiable.'     '  Hus  brec  and 


128       I 

If  any  person  shall,  within  this  Commonwealth,  or  being  a  citi- 
zen thereof,  shall  witliout  the  same,  wilfully  destroy,*  or  runf 
away  with  any  sea-vessel,  or  goods  laden  on  board  thereof,  or 
plunder  or  pilfer  any  wreck,  he  shall  be  condemned  to  hard  la- 
bor five  years  in  the  public  works,  and  shall  make  good  the  loss 
of  the  sufferers  threefold. 

Whosoever  committeth  Robbery,  J  shall  be  condemned  to  hard 
labor  four  years  in  the  public  works,  and  shall  make  double  re- 
paration to  the  persons  injured. 

Whatsoever  act,  if  committed  on  any  Mansion  house,  would  be 
deemed  Burglary ,§  shall  be  Burglary,  if  committed  on  any  other 

ternet  and  open  thyfth  and  aeberemorth  and  hlaford  swice  sefler  woruld  laga 
is  botleds.'  Word  for  word,  '  house  break  and  burnt,  and  open  theft,  and 
manifest  murther,  and  lord-treachery,  afterworld's  law  is  bootless  '  Bracton 
says  it  was  punished  by  death.  '  Si  quis  turbida  seditione  incendium  fecerit 
nequiter  et  in  felonia,  vel  ob  inimicitias,  vel  praedandi  causa,  capitali  puniatur 
poena  vel  sententia.  Bract.  L.  3.  c.  27.  He  defines  it  as  commissible  by  burn- 
ing '  aedes  alienas.'  lb.  Britton,  c.  9.  '  Ausi  soit  enquis  de  ceux  que  felonise- 
ment  en  temps  de  pees  eient  autre  hlees  ou  autre  mesons  ars,  et  ceux  que  ser- 
rount  de  ceo  atteyntz,  soient  ars  issint  que  eux  soient  punys  par  mesme  cele 
chose  dount  ilz  pecherent.'  Fleta,  L.  1.  c.  37.  is  a  copy  of  Bracton.  The  Mir- 
ror c.  1.  §  8.  says,  'Ardours  sont  que  ardent  citie,  ville,  maison  home,  maison 
beast,  ou  auters  chatelx,  de  lour  felonie  en  temps  de  pace  pom  haine  ou  ven- 
geance.' Again,  c..2.  §  11.  pointing  out  the  words  of  the  appellor  '  jeo  dise 
que  Sebright,  &c.  entiel  meason  ou  biens  mist  de  feu.'  Coke  3.  Inst.  67.  says, 
*  the  antient  authors  extended  this  felony  further  than  houses,  viz.  to  stacks 
of  corn,  Waynes  or  carts  of  coal,  wood  or  other  goods.'  He  defines  it  as 
commissible,  not  only  on  the  inset  houses,  parcel  of  the  mansion  house,  but 
the  outset  also,  as  barn,  stable,  cowhouse,  sheep  house,  dairy  house,  mill 
house,  and  the  like,  parcel  of  the  mansion  house.'  But'  burning  of  a  barn, 
being  no  parcel  of  a  mansion  house,  is  no  felony,'  unless  there  be  corn  or  hay 
« within  it.  lb.  The  22.  23.  Car.  2.  and  9.  G.  1  are  the  principal  statutes 
against  arson.     They  extend  the  offence  beyond  the  Common  law. 

*  1.  Ann.  St.  2.  c.  9.     12.  Ann.  c.  18.     4.  G.  1.  c.  12.     26.  G.  2.  c.  19. 

t  11.  12.  W.  3.  c.7. 

t  Robbery  was  a  felony  at  Common  law.  3  Inst.  68.  '  Scelus  inexpiable,' 
by  the  LI.  Cnuti.  61.  [See  before  in  Arson.]  It  was  punished  with  death. 
Britt.  c.  15,  '  de  robbours  et  deiarouns  et  de  semblables  mesfesours,  soit  ausi 
ententivement  enquis — et  tauntost  soient  ceux  robbours  juges  a  la  mort.' 
Fleta  says,  '  si  quis  convictus  fuerit  de  bonis  viri  robbatis  vel  asportatis  ad 
sectam  regis  judicium  capitale  subibit.  L.  1.  c.  39.  See  also  Bract.  L.  3.  c. 
32.  §  1. 

§  Burglary  was  felony  at  the  Common  law.  3  Inst.  63.  It  was  not  distin- 
guished by  antient  authors,  except  the  Mirror,  from  simple  House-breaking, 
lb.  65.  Burglary  and  House-breaking  were  called  '  Ilamsockne  diximus  etiam 
de  pacis  violatione  et  de  immunitatibus  domus,  si  quis  hoc  in  posterum  fecerit 
ut  perdat  omne  quod  habet,  et  sit  in  regis  arbitrio  utrum  vitam  habeat.  Eac 
we  qusedon  be  mundbryce  and  be  ham  socnum,  sethe  hit  ofer  this  do  thaet  he 
dolie  ealles  thses  the  age,  and  sy  on  Cyningesdome  hwaether  he  life  age:  and 
we  quoth  of  mound-breach,  and  of  home-seeking  he  who  it  after  this  do,  that 
he  dole  all  that  he  owe  [owns],  and  is  in  king's  doom  whether  he  life  owes 
[owns.]  LI.  Eadmundi.  c.  6.  and  see  LI.  Cnuti.  61.  '  hus  brec,'  in  notes  on 
Arson,  ante.  A  Burglar  was  also  called  a  Burgessor.  '  Et  soit  enquis  de 
Burgessours  et  sunt  tenus  Burgessours  trestous  ceux  que  felonisement  en 
temps  de  pfees  debrusont  esglises  ou  auter  mesons,  ou  murs  ou  portes  de  nos 


J  29 

house  ;  and  he  who  is  guilty  of  Burglary,  shall  be  condemned  to 
hard  labor  four  years  in  the  public  works,  and  shall  make  double 
reparation  to  the  persons  injured. 

Whatsoever  act,  if  committed  in  the  night  time,  shall  constitute 
the  crime  of  Burglary,  shall,  if  committed  in  the  day,  be  deemed 
House-breaking  ;"^  and  whosoever  is  guilty  thereof,  shall  be  con- 
demned to  hard  labor  three  years  in  the  public  works,  and  shall 
make  reparation  to  the  persons  injured. 

Whosoever  shall  be  guilty  of  Horse-stealing,f  shall  be  condemn- 
ed to  hard  labor  three  years  in  the  public  works,  and  shall  make 
reparation  to  the  person  injured. 

Grand  LarcenyJ  shall  be  where  the  goods  stolen  are  of  the  va- 
lue of  five  dollars ;  and  whosoever  shall  be  guilty  tliereof,  shall  be 

cytes,  ou  de  nos  Burghes.'  Britt.  c.  10.  '  Buvglaria  est  noctuina  diruptio 
habitaculi  alicujus,  vel  ecclesiae,  etiam  murorum,  portarumve  civitatis  aut 
burgi,  ad  feloniam  aliquam  perpetrandam.  Noctanter  dico,  lecentioves  se- 
cutus ;  veteres  enim  hoc  non  adjungunt.  Spelm.  gloss,  verb.  Burglavia.  It 
was  punished  with  death.  lb.  gitn.  from  the  office  of  a  Coroner.  It  may  be  com- 
mitted in  the  outset  houses,  as  well  as  inset,  3  Inst.  65.  though  not  under 
the  same  roof  or  contiguous,  provided  they  be  within  the  Curtilage  or  Home- 
stall.  4  Bl.  225.  As  by  the  Common  law,  all  felonies  were  clergiable,  the  stat. 
23  H.  8.  c.  I,  5.  E.  G."  c.  9.  and  18  El.  c.  7.  first  distinguished  them,  by  taking 
the  clerical  privilege  of  impunity  from  the  principals,  and  3.  4.  W.  M.  c.  9. 
from  accessories  before  the  fact.  No  statute  defines  what  Burglary  is.  The 
12  Ann.  c.  7.  decides  the  doubt  whether,  where  breaking  is  subsequent  to 
entry,  it  is  Burglary.  Bacon's  Elements  had  affirmed,  and  1.  H.  P.  C.  554.  had 
denied  it.     Our  bill  must  distinguish  them  by  different  degrees  of  punishment. 

*  At  the  Common  law,  the  offence  of  Housebreaking  was  not  distinguished 
from  Burglary,  and  neither  of  them  from  any  other  larceny.  The  statutes 
at  first  took  away  clergy  from  Burglary,  which  made  a  leading  distinctioa 
between  the  two  offences.  Later  statutes,  however,  have  taken  clergy  from 
so  many  cases  of  Housebreaking,  as  nearly  to  brin^  the  offences  together 
again.  These  are  23 H.  8.  c.  1.  I.  E.  6.  c.  12.  5  «fe  C  E.  6.  c.  9.  3&4.  W.M. 
c.  9.  39  El.  c.  15.  10  &  11  W.  3.  c.  23.  12  Ann.  c,  7.  See  Barr.  428  4  Bl.  240. 
The  circumstances  which  in  these  statutes  characterise  the  offence,  seem  to 
have  been  occasional  and  unsystematical.  The  houses  on  which  Burglary 
may  be  committed,  and  the  circumstances  which  constitute  that  crime  being 
ascertained,  it  will  be  better  to  define  Housebreaking  by  the  same  subjects 
and  circumstances,  and  let  the  crimes  be  distinguished  only  by  the  hour  at 
which  they  are  committed,  and  the  degree  of  punishment. 

t  The  offence  of  Horse-stealing  seems  properly  distinguishable  from  other 
larcenies,  here,  where  these  animals  generally  run  at  lar^-e,  the  temptation 
being  so  great  and  frequent,  and  the  facility  of  commission  so  remarkable. 
See  1  E.  6.C.  ]2.  23  E.  6.  c.  33.  31  El,  c.  12. 

X  The  distinction  between  grand  and  petty  larceny,  is  very  antient.  At  first 
8d.  was  the  sum  which  constituted  grand  larceny.  LI.  Aethelst.  c.  1.  '  Ne 
parcatur  ulli  furi,  qui  furtum  manutenens  captus  sit,  supra  12.  annos  nato,  et 
supra  8.  denarios.'  Afterwards,  in  the  same  king's  reign  it  was  raised  to  12d. 
*  non  parcatur  alicui  furi  ultra  12  denarios,  et  ultra  12  annos  nato — ut  occide- 
mus  ilium  et  capiamus  omne  quod  possidet,  et  inprimis  sumamus  rei  furto 
ablatae  pretium  ab  haerede,  ac  dividatur  postea  reliquum  in  duas  partes,  una 
pars  uxori,  si  munda,  et  facinoris  conscia  non  sit;  et  residuum  in  duo,  dimi- 
dium  capiat  rex,  dimidium  societas.'    LI.  Aethelst.  Wilkins,  p.  65. 

VOL.    I.  17 


130 

forthwith  put  in  tlie  pillory  for  one  half  hour,  shall  be  condemned 
to  hard  labor^  two  years  in  the  public  works,  and  shall  make  re- 
paration to  the  person  injured. 

Petty  Larceny  shall  be,  where  the  goods  stolen  are  of  less  value 
than  five  dollars ;  and  whosoever  shall  be  guilty  thereof,  shall  be 
forthwith  put  in  the  pillory  for  a  quarter  of  an  hour,  shall  be  con- 
demned to  hard  labor  one  year  in  the  public  works,  and  shall  make 
reparation  to  the  person  injured. 

Robberyf  or  larceny  of  bonds,  bills  obligatory,  bills  of  ex- 
change, or  promissory  notes  for  the  payment  of  money  or  tobacco, 
lottery  tickets,  paper  bills  issued  in  the  nature  of  money,  or  of 
certificates  of  loan  on  the  credit  of  this  Commonwealth,  or  of  all 
or  any  of  the  United  States  of  America,  or  Inspectors'  notes  for 
tobacco,  shall  be  punished  in  the  same  manner  as  robbery  or  lar- 
ceny of  the  money  or  tobacco  due  on,  or  represented  by  such 
papers. 

BuyersJ  and  receivers  of  goods  taken  by  way  of  robbery  or 
larceny,  knowing  them  to  have  been  so,  taken,  shall  be  deemed 
accessaries  to  such  robbery  or  larceny  after  the  fact. 

Prison  breakers^  also,  shall  be  deemed  accessaries  after  the 
fact,  to  traitors  or  felons  whom  they  enlarge  from  prison.  || 

*  Ll.  Inae.  c.  7.  '  Si  quis  furetur  ita  ut  uxor  ejus  et  infans  ipsius  nesciant, 
solvat  60.  solidos  poenae  loco.  Si  autem  furetur  testantibus  omnibus  haere- 
dibus  suis,  abeant  omnes  in  servitutcm.''  Ina  was  king  of  the  West-Saxons, 
and  began  to  reign  A.  C.  688.  After  the  union  of  the  Heptarchy,  i.  e.  temp. 
Aethelst.  inter  924  and  940,  we  find  it  punishable  with  death  as  above.     So  it 

?ps  inter  1017  and  1035,  i  e.  temp.  Cnuti.  Ll.  Cnuti  61.  cited  in  notes  on  Arson. 
n  the  time  of  William  the  conqueror,  it  seems  to  have  been  made  punishable 
by  fine  only.  Ll.  Gul.  conq.  apud  Wilk.  p.  218.  220.  This  commutation, 
however,  was  taken  away  by  Ll.  H.  1.  anno  1108.  '  Si  quis  in  furto  vel  latro- 
cinio  deprehensus  fuisset,  suspenderetur ;  sublata  wirgildorum,  id  est,  pecu- 
niarae  redemptionis  lege.'  Larceny  is  the  felonious  taking  and  carrying  away 
of  the  personal  goods  of  another,  1.  As  to  the  taking,  the  3.  4.  W.M.  c.  9.  § 
5,  is  not  additional  to  the  Common  law,  but  declaratory  of  it ;  because  where 
onl}'  the  care  or  use,  and  not  the  possession,  of  things  is  delivered,  to  take  them 
was  larceny  at  the  Common  law.  The  33.  H.  6.  c.  1.  and  21  H.  8.  c.  7.  indeed, 
have  added  to  the  Common  law,  by  making  it  larceny  in  a  servant  to  convert 
things  of  his  master's.  But  quaere,  if  they  should  be  imitated  more  than  as  to 
other  breaches  of  trust  in  general.  2.  As  to  the  subject  of  larceny,  4  G.  2.  c.32. 
6  G.3.C.36.48.  43.  El.  c.  7. 15.  Car.  2  c.  2.  23.G.2.C.26.  31.G.2.C.35.  9.  G. 
3.  c.  41.  25.  G.  2.  c.  10.  have  extended  larceny  to  things  of  various  sorts  either 
real,  or  fixed  to  the  realty.  But  the  enumeration  is  unsystematical,  and  in 
this  country,  where  the  produce  of  the  earth  is  so  spontaneous,  as  to  have 
rendered  things  of  this  kind  scarcely  a  breach  of  civility  or  good  manners,  in 
the  eyes  of  the  people,  quaere,  if  it  would  not  too  much  enlarge  the  field  of  Cri- 
minal law  .'*  The  same  may  be  questioned  of  9  G.  1.  c.  22.  13  Car.  2.  c.  10.  10  G. 
2.  c.  32.  5  G.  3.  c.  14.  22  &  23  Car.  2.  c.  25.  37  E.  3.  c.  19.  making  it  felony  to 
steal  animals  ferae  naturae. 

t  2  G.  2.  c.  25  §  3.    7  G.  3.  c.  50. 

t  3.  4.  W.  M.  c.  9.  §  4.    5Ann.  c.  31   §5.    4  G.  1.  c.  11.  §  1. 

§  1  E.  2. 

[|  Breach  of-prisou  at  the  Common  law  was  capital,  without  regard  to  the 


131 

All  attempts  to  delude  the  people,  or  to  abuse  their  understand- 
ing by  exercise  of  the  pretended  arts  of  witchcraft,  conjuration, 
enchantment,  or  sorcery,  or  by  pretended  prophecies,  shall  be 
punished  by  ducking  and  whipping,  at  the  discretion  of  a  jury, 
not  exceeding  fifteen  stripes.* 

If  the  principal  offenders  be  fled,f  or  secreted  from  justice, 
in  any  case  not  touching  life  or  member,  the  accessaries  may,  not- 
withstanding, be  prosecuted  as  if  their  principal  were  convicted.  J 

crime  for  which  the  pa.Tty  was  committed.  '  Cum  pro  criminis  qualitate  in 
carcerem  recepti  fuerint,  conspiraverint  (ut  ruptis  vinculis  aut  fracto  carcerc) 
evadant,  ampliys  (quam  causa  pro  qua  recepti  sunt  exposeit)  puniendi  sunt, 
videlicet  ultimo  supplicio,  quamvis  ex  eo  crimine  innocentes  inveniantur, 
propter  quod  inducti  sunt  in  carcerem  et  imparcati.  Bracton  L.  3.  c.  9.  §  4. 
Britt.  c.  11.  FIeta,L.  1.  c.  26.  §  4.  Yet  in  the  Y.  B.  Hill.  1.  H.  7.  2.  Hussey 
says,  that  by  the  opinion  of  Billing  and  Choke,  and  all  the  justices,  it  was  a 
felony  in  strangers  only,  but  not  in  the  prisoner  himself  S.  C.  Fitz.  Abr. 
Coron.  48.  They  are  principal  felons,  not  accessaries,  ib.  Whether  it  was 
felony  in  the  prisoner  at  Common  law,  is  doubted.  Stam.  P.  C.  30.  b.  The  Mirror 
c.  5.  §  1.  says,  '  abusion  est  a  tener  escape  de  prisoner,  ou  de  bruserie  del  gaole 
pur  pcche  mortell,  car  eel  usage  nest  garrant  per  nul  ley,  ne  in  nul  part  est 
use  forsque  in  cest  realme,  et  en  France,  eins  [mais]  est  leu  garrantie  de  ceo 
faire  per  la  ley  de  nature.'  2  Inst.  589.  The  stat.  1  E.  2  de  frangentibus  priso- 
nam,  restrained  the  Judgment  of  life  and  limb  for  prison  breaking,  to  cases 
where  the  offence  of  the  prisoner  required  such  judgment. 

It  is  ndt  only  vain,  but  wicked,  in  a  legislator  to  frame  laws  in  opposition 
to  the  laws  of  nature,  and  to  arm  them  with  the  terrors  of  death.  This  is 
truly  creating  crimes  in  order  to  punish  them.  The  law  of  nature  impels 
every  one  to  escape  from  confinement ;  it  should  not,  therefore,  be  subjected 
to  punishment.  Let  the  legislator  restrain  his  criminal  by  walls,  not  by 
parchment.  As  to  strangers  breaking  prison  to  enlarge  an  offender,  they 
should,  and  may  be  fairly  considered  as  accessaries  after  the  fact.  This  bill 
saying  nothing  of  the  prisoner  releasina  himself  by  breach  of  jail,  he  will  have 
the  benefit  of  the  first  section  of  the  bill,  which  repeals  the  judgment  of  life 
and  death  at  the  Common  law. 

*  Gif  wiccan  owwe  wigleras  nansworan,  owwe  morthwyrhtan  owwe  fule 
afylede  eebere  horcwenan  ahwhar  on  lande  wurthan  agytene,  thonne  fyrsie 
man  of  earde,  and  clsensie  tha  theode,  owwe  on  earde  forfare  hi  mid  ealle, 
buton  hi  geswican  and  the  deoper  gebetan  :  if  witches,  or  weirds,  man- 
swearers,  or  murther-wroughters,  or  foul,  defiled,  open  whore-queens,  ay- 
where  in  the  land  were  gotten,  then  force  them  off  earth,  and  cleanse  the  na- 
tion,*or  in  earth  forth-fare  them  withal,  butoh  they  beseech,  and  deeply  better. 
LI.  Ed.  et  Guthr.  c.  11.  '  Sagae,  mulieres  barbara  factitantes  sacrificia,  aut 
pestiferi,  si  cui  mortem  intulerint,  neque  id  inficiari  poterint,  capitis  poena 
esto.'  LI.  Aethelst.  c.  G.  apud  Lambard.  LI.  Aelfr.  30.  LI.  Cnuti.  c.  4. 
'  Mesme  eel  jugoment  (d'etrears)  eyent  sorcers,  et  sorceresses,  &c.  ut  supra. 
Fleta  ut  et  ubi  supra.  3  Inst.  44.  Trial  of  witches  before  Hale  in  1664. 
The  statutes  33  H.  8.  c.  8.  5.  El.  c.  16  and  1.  Jac.  1.  c.  12.  seem  to  be  only  in 
confirmation  of  the  Common  law.  9  G.  2.  c.  25.  punishes  them  with  pillory, 
and  a  year's  imprisonment.  3  E.  6.  c.  15.  5  El.  c.  15.  punish  foud,  fantastical 
and  false  prophecies,  by  fine  and  imprisonment. 

\   1  Ann.c.9.  §2. 

t  As  every  treason  includes  within  it  a  misprision  of  treason,  so  every  fe- 
lony includes  a  misprision,  or  misdemeanor.  1  Hale  P.  C.  652.  708.  *  Licet 
fuerit  felonia,  tamen  in  eo  continetur  misprisio.'  2  R.  3  10.  Both  principal  and 
accessary,  therefore,  may  be  proceeded  against  in  any  case,  either  for  felony, 
or  misprision,  at  the  Common  law.  Capital  cases  not  being  mentioned  heic, 
accessaries  to  them  will  of  course  be  triable  for  misprisions,  if  the  offender  flies. 


If  any  offender  stand  mute  of  obstinacy,*  or  challenge  peremp- 
torily more  of  the  jurors  than  by  law  he  may,  being  first  warned 
of  the  consequence  thereof,  the  court  shall  proceed  as  if  he  had 
confessed  tlie  charge. f 

Pardon  and  Privilege  of  clergy,  shall  henceforth  be  abolished, 
that  none  may  be  induced  to  injure  through  hope  of  impunity. 
But  if  the  verdict  be  against  the  defendant,  and  the  court  before 
whom  the  offence  is  heard  and  determined,  shall  doubt  that  it  may 
be  untrue  for  defect  of  testimony,  or  other  cause,  they  may  du'ect 
a  new  trial  to  be  had.  J 

*  3  E.  1.  c.  12. 

t  Whether  the  judgment  of  penance  lay  at  Common  law.  See  2  Inst.  178.  2 
H.  P.  C.  321.  4  Bl.  322.  It  was  given  on  standing  mute  :  but  on  challenging 
more  than  the  legal  number,  whether  that  sentence,  or  sentence  of  death  is  to 
be  given,  seems  doubtful.  2  H.  P.  C.  31C.  Quaere,  whether  it  would  not  be  bet- 
ter to  consider  the  supernumerary  challenge  as  merely  void,  and  to  proceed  in 
the  trial .''  Qua)re  too,  in  case  of  silence  .'' 

I  '  Cum  Clericus  sic  de  criraine  convictus  de^radetur,  non  sequitur  alia  poe- 
na pro  uno  delicto,  vel  pluribus  ante  degradationem  perpetratis.  Satis  enim 
sufEcit  ei  pro  poena  degradatio,  quae  est  magna  capitis  diminutio,  nisi  forte 
convictus  fuerit  de  apostatia,  quia  hinc  primo  degradetur,  et  postea  per  manum 
laicalem  comburetur,  secundum  quod  accidit  in  concilio  Oxoni  celebrato  a 
bonae  memoriae  S.  Cantuanen.  Archiepiscopo  de  quodam  diacono,  qui  se  apos- 
tatavit  pro  quadam  Judaea ;  qui  cum  esset  per  episcopum  degradati^s,  statim 
fuit  igni  traditus  per  manum  laicalem.'  Bract.  L.  3.  c.  9.  §  2.  '  Et  mesme  eel 
jugement  (i.  e.  qui  ils  soient  ars)  eyent  sorcers  et  sorceresses,  et  sodomites  et 
mescreaunlz  apertement  atteyntz.  Britt.  c.9.  '  Christiani  autem  Apostatae, 
sortileo-ii,  et  hujustnodi  detractari  debent  et  comburi.'  Fleta,  L.  1.  c.  37.  §  2. 
see  3.  fnst.  39.  12.  Rep.  92.  1.  H.  P.  C.  393  The  extent  of  the  clerical  privi- 
lege at  the  Common  law,  1.  As  to  the  crimes,  seems  very  obscure  and  uncer- 
tain. It  extended  to  no  case  where  the  judgment  was  not  of  life,  or  limb. 
Note  in  2.  H.  P.  C.  326.  This  therefore  excluded  it  in  trespass,  petty  larceny, 
or  killing  se  defendendo.  In  high  treason  against  the  person  of  the  King,  it 
seems  not  to  have  been  allowed.  Note  1.  H.  P.  C.  185.  Treasons,  therefore, 
not  against  the  King's  person  immediately,  petty  treasons  and  felonies,  seem 
to  have  been  the  cases  where  it  was  allowed  ;  and  even  of  those,  not  for  insi- 
diatio  viarura,  depopulatio  agrorum,  or  combustio  domorum.  The  statute  de 
Clero,  25,  E.  3.  st.  3.  c.  4.  settled  the  law  on  this  head.  2.  As  to  the  persons, 
it  extended  to  all  clerks,  always,  and  toties  quoties.  2.  H.  P.  C.  374.  To  nuns 
also.  Fitz.  Abr.  Corone.  401.22.  E.  3.  The  clerical  habit  and  tonsure  were 
considered  as  evidence  of  the  person  being  clerical.  26.  Assiz.  19.  20.  E.  2. 
Fitz!  Corone.  233.  By  the  9.  E.  4.  28.  b.  34.  H.  6.  49  a.  b.  simple  reading  be- 
came the  evidence.  This  extended  iuipunity  to  a  great  number  of  laymen, 
and  toties  quoties.  The  stat.  4.  H.  7.  c.  13.  directed  that  real  clerks  should, 
upon  a  secw)nd  arraignment,  produce  their  orders,  and  all  others  to  be  burnt  in 
the  hand  with  M.  or  T.  on  the  first  allowance  of  clergy,  and  not  to  be  admitted 
to  it  a  second  time.  A  heretic,  Jew,  or  Turk  (as  being  incapable  of  orders^ 
could  not  have  clergy.  11.  Co.  Rep.  29.  b.  But  a  Greek,  or  other  alien,  read- 
ing in  a  book  of  his  own  country,  might.  Bro.  Clergie.  20.  So  a  blind  man, 
if  he  could  speak  Latin.  lb.  21.  qu.  11.  Rep.  29.  b.  The  orders  entitling  the 
party,  were  bishops,  priests,  deacons  and  subdeacons,  the  inferior  being  reck- 
oned Clerici  in  minoribus.  2.  H.  P.  C.  373.  Quaere,  however,  if  this  distmction 
is  not  founded  on  the  stat.  23.  H.  8.  c  1.  25.  H.  8.  c.  32  By  merely  dropping 
all  the  statutes,  it  should  seem  that  none  but  clerks  would  be  entitled  to  this 
privilege,  and  that  they  would,  toties  quoties. 


133 

No  attainder  shall  work  corruption  of  blood  in  any  case. 

In  all  cases  of  forfeiture,  the  widow's  dower  shall  be  saved  to 
her,  during  her  title  thereto ;  after  which  it  shall  be  disposed  of 
as  if  no  such  saving  had  been. 

The  aid  of  Counsel,^  and  examination  of  their  witnesses  on 
oath,  shall  be  allowed  to  defendants  in  criminal  prosecutions. 

Slaves  guilty  of  any  ofFencef  punishable  in  others  by  labor  in 
the  public  works,  shall  be  transported  to  such  parts  in  the  West 
Indies,  South  America,  or  Africa,  as  the  Governor  shall  direct, 
there  to  be  continued  in  slavery. 


[Note  F.] 

JVotes,  on  the  establishment  of  a  Money  Unit,  and  of  a  Coinage 
for  the  United  States, 

In  fixing  the  Unit  of  Money,  these  circumstances  are  of  prin- 
cipal importance. 

I.  That  it  be  of  convenient  size  to  be  appHed  as  a  measure  to 
the  common  money  transactions  of  hfe. 

II.  That  its  parts  and  muhiples  be  in  «n  easy  proportion  to 
each  other,  so  as  to  facilitate  the  money  arithmetic. 

III.  That  the  Unit  and  its  parts,  or  divisions,  be  so  nearly  of  the 
value  of  some  of  the  known  coins,  as  that  they  may  be  of  easy  adop- 
tion for  the  people. 

The  Spanish  Dollar  seems  to  fulfil  all  these  conditions. 

I.  Taking  into  our  view  all  money  transactions,  great  and  small, 
I  question  if  a  common  measure  of  more  convenient  size  tlian  the 
Dollar  could  be  proposed.  The  value  of  100,  1000,  10,000  dol- 
lars is  well  estimated  by  the  mind ;  so  is  that  of  the  tenth  or  tlie 
hundredth  of  a  dollar.  Few  transactions  are  above  or  below  these 
limits.  The  expediency  of  attending  to  the  size  of  tlie  Money 
Unit  will  be  evident,  to  any  one  who  will  consider  how  inconve- 
nient it  would  be  to  a  manufacturer  or  merchant,  if,  instead  of  the 
yard  for  measuring  cloth,  either  the  inch  or  the  mile  had  been 
made  the  Unit  of  Measure. 

II.  The  most  easy  ratio  of  multiplication  and  division,  is  that  by 
ten.  Every  one  knows  the  facility  of  Decimal  Arithmetic.  Every 
one  remembers,  that,  when  learning  Money-Arithmetic,  he  used 
to  be  puzzled  with  adding  the  farthings,  taking  out  the  fours  and 

*  1.  Ann.  c.  9. 

t  Manslaughter,  counterfeiting,  arson,  asportation  of  vessels,  robbery,  bur- 
glary, housebreaking,  horsestealing,  larceny. 


134 


carrying  them  on ;  adding  the  pence,  taking  out  the  twelves  and 
carrying  them  on ;  adding  the  shillings,  taking  out  the  twenties  and 
carrying  them  on ;  but  when  he  came  to  the  pounds,  where  he  had 
only  tens  to  carry  forward,  it  was  easy  and  free  from  error.  The 
bulk  of  mankind  are  school-boys  through  life.  These  little  per- 
plexities are  always  great  to  them.  And  even  mathematical  heads 
feel  the  relief  of  an  easier,  substituted  for  a  more  difficult  process. 
Foreigners,  too,  who  trade  or  travel  among  us,  will  find  a  great 
facility  in  understanding  our  coins  and  accounts  from  this  ratio  of 
subdivision.  Those  who  have  had  occasion  to  convert  the  Livres, 
sols  and  deniers  of  the  French ;  the  Gilders,  stivers  and  frenings 
of  the  Dutch ;  the  Pounds,  shillings,  pence  and  farthings  of  these 
several  States,  into  each  other,  can  judge  how  much  they  would 
have  been  aided,  had  their  several  subdivisions  been  in  a  decimal 
ratio.  Certainly,  in  all  cases,  where  we  are  free  to  choose  between 
easy  and  difficult  modes  of  operation,  it  is  most  rational  to  choose 
the  easy.  The  Financier,  therefore,  in  his  report,  well  proposes 
that  our  Coins  should  be  in  decimal  proportions  to  one  another. 
If  we  adopt  the  Dollar  for  our  Unit,  we  should  strike  four  coins, 
one  of  gold,  two  of  silver,  and  one  of  copper,  viz. 

1.  A  golden  piece,  equal  in  value  to  ten  dollars  : 

2.  The  Unit  or  Dollar  itself,  of  silver  : 

3.  The  tenth  of  a  Dollar,  of  silver  also  : 

•    4.  The  hundredth  of  a  Dollar,  of  copper. 

Compare  the  arithmetical  operations,  on  the  same  sum  of  mo- 
ney expressed  in  this  form,  and  expressed  in  the  pound  sterling 
and  its  divisions. 


£  s.    d,  qrs. 

dition.    8  13  11  1-2 

4  12    8  3-4 

Dollars. 
=  38.65 
=  20.61 

£  s.    d.  qrs.       Dollars. 
Subtraction.  8  13  11  1-2  =  38.65 
4  12    8  3-4  =  20.61 

13    6 

Multip] 
£  s 
8  13 

20 

8  1-4 

ication 
d.  qrs. 
11  1-2 

8 

=  59.26 

by  8, 

Dollars. 
=  38,65 

8 

4    1     2  3-4  =  18.04 

Division  by  8. 
£  s.    d.  qrs.        Dollars. 
8  13  11  1-2  =  8  1  38.65 
20                             4.83 

173 
12 

2087 
4 

8350 

8 

$309.20 

173 
12 

2087 
4 

8  J  8350 
4  J  1043 
12  J  260  3-4 
20J  21  8  3-4 
£1  1  8  3-4 

U  66.800 
12  J  16700 
20  J  1391  8 
£69  11 

135 

A  bare  inspection  of  the  above  operations,  will  evince  the  labor 
which  is  occasioned  by  subdividing  the  Unit  into  20ths,  240ths 
and  960ths,  astlie  English  do,  and  as  we  have  done  ;  and  the  ease 
of  subdivision  in  a  decimal  ratio.  The  same  difference  arises  in 
making  payment.  An  Englishman,  to  pay  £8  13s.  lid.  1-2  qrs. 
must  find,  by  calculation,  what  combination  of  the  coins  of  his 
country  will  pay  this  sum ;  but  an  American,  having  the  same  sum 
to  pay,  thus  expressed  $38.65,  will  know,  by  inspection  only,  that 
three  golden  pieces,  eight  units  or  dollars,  six  tenths  and  five  cop- 
pers, pay  it  precisely. 

III.  The  third  condition  required  is,  that  the  Unit,  its  multiples, 
and  subdivisions,  coincide  in  value  with  some  of  the  known  coins 
so  nearly,  that  the  people  may,  by  a  quick  reference  in  the  mind, 
estimate  their  value.  If  this  be  not  attended  to,  they  will  be  very 
long  in  adopting  the  innovation,  if  ever  they  adopt  it.  Let  us  ex- 
amine, in  this  point  of  view,  each  of  the  four  coins  proposed. 

1.  The  golden  piece  will  be  1-5  more  than  a  half  joe,  and 
1-15  more  than  a  double  guinea.  It  will  be  readily  estimated, 
then,  by  reference  to  either  of  them ;  but  more  rea'dily  and  accu- 
rately as  equal  to  ten  dollars. 

2.  The  Unit  or  Dollar,  is  a  known  coin,  and  the  most  familiar 
of  all,  to  the  minds  of  the  people.  It  is  already  adopted  from  South 
to  North ;  has  identified  our  currency,  and  therefore  happily  offers 
itself  as  a  Unit  already  introduced.  Our  public  debt,  our  requi- 
sitions, and  their  apportionments,  have  given  it  actual  and  long 
possession  of  the  place  of  Unit.  The  course  of  our  commerce,  too, 
will  bring  us  more  of  this  than  of  any  other  foreign  coin,  and  there- 
fore renders  it  more  worthy  of  attention.  I  know  of  no  Unit  which 
can  be  proposed  in  competition  with  the  Dollar,  but  the  Pound. 
But  what  is  the  Pound  ?  1 547  grains  of  fine  silver  in  Georgia ; 
1289  grains  in  Virginia,  Connecticut,  Rhode  Island,  Massachusetts 
and  New  Hampshire ;  1031  1-4  grains  in  Maryland,  Delaware, 
Pennsylvania  and  New  Jersey  ;  966  3-4  grains  in  North  Carolina 
and  New  York.  Which  of  these  shall  w^e  adopt  ?  To  which  State 
give  that  pre-eminence  of  which  all  are  so  jealous  ?  And  on  which 
impose  the  difficulties  of  a  new  estimate  of  their  corn,  their  cattie, 
and  other  commodities  ?  Or  shall  we  hang  the  pound  sterling,  as  a 
common  badge,  about  all  their  necks?  This  contains  1718  3-4 
grains  of  pure  silver.  It  is  difficult  to  familiarise  a  new  coin  to  the 
people  ;  it  is  more  difficult  to  familiarise  them  to  a  new  coin  with 
an  old  name.  Happily,  the  Dollar  is  familiar  to  them  all,  and  is 
already  as  much  referred  to  for  a  measure  of  value,  as  tlieir  re- 
spective provincial  pounds. 

3.  The  tenth  will  be  precisely  the  Spanish  bit,  or  half  piste- 


136 

reen.  This  is  a  coin  perfectly  familiar  to  us  all.  When  we  shall 
make  a  new  coin,  then,  equal  in  value  to  this,  it  will  be  of  ready 
estimate  with  the  people. 

4.  The  hundredtli,  or  copper,  will  differ  little  from  the  copper 
of  the  four  Eastern  States,  which  is  1-108  of  a  dollar;  still  less 
from  the  penny  of  New  York  and  North  Carolina,  which  is  1-96 
of  a  dollar ;  and  somewhat  more  from  the  penny  or  copper  of 
Jersey,  Pennsylvania,  Delaware  and  Maryland,  which  is  1-90  of  a 
dollar.  It  will  be  about  the  medium  between  the  old  and  the  new 
coppers  of  these  States,  and  will  therefore  soon  be  substituted  for 
them  both.  In  Virginia,  coppers  have  never  been  in  use.  It  will 
be  as  easy,  therefore,  to  introduce  them  there  of  one  value  as  of 
another.  The  copper  coin  proposed,  will  be  nearly  equal  to  three 
fourths  of  their  penny,  which  is  the  same  with  the  penny  lawful  of 
the  Eastern  States. 

A  great  deal  of  small  change  is  useful  in  a  State,  and  tends  to 
reduce  the  price  of  small  articles.  Perhaps  it  would  not  be  amiss 
to  coin  three  more  pieces  of  silver,  one  of  the  value  of  five  tenths, 
or  half  a  dollar,  one  of  the  value  of  two  tenths,  which  would  be 
equal  to  the  Spanish  pistereen,  and  one  of  the  value  of  five  cop- 
pers, which  would  be  equal  to  the  Spanish  half  bit.  We  should 
then  have  five  silver  coins,  viz. 

1.  The  Unit  or  DoUar  : 

2.  The  half  dollar  or  five  tenths  : 

3.  The  double  tenth,  equal  to  .2,  or  one  fifth  of  a  dollar,  or 
to  the  pistereen : 

4.  The  tenth,  equal  to  a  Spanish  bit : 

5.  The  five  copper  piece,  equal  to  .5,  or  one  twentieth  of  a 
dollar,  or  the  half-bit. 

The  plan  reported  by  the  Financier  is  worthy  of  his  sound  judg- 
ment. It  admits,  however,  of  objection,  in  the  size  of  the  Unit. 
He  proposes  that  this  shall  be  the  1440th  part  of  a  dollar  :  so  that 
it  will  require  1440  of  his  units  to  make  the  one  before  proposed. 
He  was  led  to  adopt  this  by  a  mathematical  attention  to  our  old 
currencies,  all  of  which  this  Unit  will  measure  without  leaving  a 
fraction.  But  as  our  object  is  to  get  rid  of  those  currencies,  the 
advantage  derived  from  this  coincidence  will  soon  be  past,  whereas 
the  inconveniences  of  this  Unit  will  for  ever  remain,  if  they  do  not 
altogether  prevent  its  introduction.  It  is  defective  in  two  of  the 
three  requisites  of  a  Money  Unit.  1.  It  is  inconvenient  in  its  ap- 
plication to  the  ordinary  money  transactions.  10,000  dollars  will 
require  eight  figures  to  express  them,  to  wit,  14,400,000  units.  A 
horse  or  bullock  of  eighty  dollars  value,  will  require  a  notation  of 
six  figures,  to  wit,  115,200  units.     As  a  money  of  account,  this 


137 

will  be  laborious,  even  when  facilitated  by  the  aid  of  decimal 
arithmetic  :  as  a  common  measure  of  the  value  of  property,  it  will 
be  too  minute  to  be  comprehended  by  the  people.  The  French 
are  subjected  to  very  laborious  calculations,  the  Livre  being  their 
ordinary  money  of  account,  and  this  but  between  l-5th  and  l-6th 
of  a  dollar ;  but  what  will  be  our  labors,  should  our  money  of  ac- 
count be  l-1440th  of  a  dollar  only  ?  2.  It  is  neither  equal,  nor 
near  to  any  of  the  known  coins  in  value. 

If  we  determine  that  a  Dollar  shall  be  our  Unit,  we  must  then 
say  with  precision  what  a  Dollar  is.  This  coin,  as  struck  at  diffe- 
rent times,  of  different  weights  and  fineness,  is  of  different  values. 
Sir  Isaac  Newton's  essay  and  representation  to  the  Lords  of  the 
Treasury,  in  1717,  of  those  which  he  examined,  make  their  va- 
lues as  follows  : 

dvvts.  grs. 
The  Seville  piece  of  eight      .  .  .      17— 12  containing  387  grains  of  pure  silver. 

The  Mexico  piece  of  eight  .  .  17—10  5-9       .        385  1-2 

The  Pillar  piece  of  eight         .  .  .      17—9  .  385  3-4 

The  new  Seville  piece  of  eight     .  .  14—      .  .      308  7-10 

The  Financier  states  the  old  Dollar  as  containing  376  grains  of 
fine  silver,  and  the  new  365  grains.  If  the  Dollars  circulating 
among  us  be  of  every  date  equally,  we  should  examine  the  quan- 
tity of  pure  metal  in  each,  and  from  them  form  an  average  for  our 
Unit.  This  is  a  work  proper  to  be  committed  to  mathematicians 
as  well  as  merchants,  and  which  should  be  decided  on  actual  and 
accurate  experiment. 

The  quantum  of  alloy  is  also  to  be  decided.  Some  is  acces- 
sary, to  prevent  the  coin  from  wearing  too  fast ;  too  much,  fills  our 
pockets  with  copper,  instead  of  silver.  The  silver  coin  assayed 
by  Sir  Isaac  Newton,  varied  from  1  1-2  to  76  pennyweights  alloy, 
in  the  pound  troy  of  mixed  metal.  The  British  standard  has  18 
dwt. ;  the  Spanish  coins  assayed  by  Sir  Isaac  Newton,  have  from 
18  to  19  1-2  dwt.;  the  new  French  crown  has  in  fact  19  1-2, 
though  by  edict,  it  should  have  20  dwt.,  that  is  1-12. 

The  taste  of  our  countrymen  will  require,  that  their  furniture 
plate  should  be  as  good  as  the  British  standard.  Taste  cannot  be 
controlled  by  law.  Let  it  then  give  tlie  law,  in  a  point  which  is 
indifferent  to  a  certain  degree.  Let  the  Legislatures  fix  the  alloy 
of  furniture  plate  at  18  dwt.,  the  British  standard,  and  Congress 
that  of  their  coin  at  one  ounce  in  the  pound,  the  French  standard. 
This  proportion  has  been  found  convenient  for  the  alloy  of  gold 
coin,  and  it  will  simplify  the  system  of  our  mint  to  alloy  both 
metals  in  the  same  degree.  The  coin  too,  being  the  least  pure, 
will  be  the  less  easily  melted  into  plate.  These  reasons  are  light, 
indeed,  and,  of  course,  will  only  weigh,  if  no  heavier  ones  can  be 
opposed  to  tliem. 

VOL.    I.  18 


138 

The  proportion  between  the  values  of  gold  and  silver,  is  a  mer- 
cantile problem  altogether.  It  would  be  inaccurate  to  fix  it  by 
the  popular  exchanges  of  a  half  Joe  for  eight  dollars,  a  Louis  for 
four  French  crowns,  or  five  Louis  for  twenty-diree  dollars.  The 
first  of  these,  would  be  to  adopt  the  Spanish  proportion  between 
gold  and  silver ;  the  second,  the  French ;  the  third,  a  mere  popular 
barter,  wherein  convenience  is  consulted  more  than  accuracy. 
The  legal  proportion  in  Spain  is  16  for  1 ;  in  England,  15  1-2  for 
1  ;  in  France,  15  for  1.  The  Spaniards  and  Enghsli  are  found, 
in  experience,  to  retain  an  over  proportion  of  gold  coins,  and  to  lose 
their  silver.  The  French  have  a  greater  proportion  of  silver. 
The  difference  at  market  has  been  on  the  decrease.  The  Finan- 
cier states  it  at  present,  as  at  14  1-2  for  one.  Just  principles  will 
lead  us  to  disregard  legal  proportions  altogether ;  to  enquire  into 
the  market  price  of  gold,  in  the  several  countries  witli  which  we 
shall  principally  be  connected  in  commerce,  and  to  take  an  average 
from  them.  Perhaps  we  might,  with  safety,  lean  to  a  proportion 
somewhat  above  par  for  gold,  considering  our  neighborhood,  and 
commerce  with  the  sources  of  the  coins,  and  the  tendency  which 
the  high  price  of  gold  in  Spain  has,  to  draw  thither  all  that  of  their 
mines,  leaving  silver  principally  for  our  and  other  markets.  It  is 
not  impossible  that  15  for  1,  may  be  found  an  eligible  proportion. 
I  state  it,  however,  as  a  conjecture  only. 

As  to  the  alloy  for  gold  coin,  the  British  is  an  ounce  in  the 
pound.;  the  French,  Spanish,  and  Portuguese  differ  from  that, 
only  from  a  quarter  of  a  grain,  to  a  grain  and  a  half.  I  should, 
tlierefore,  prefer  the  British,  merely  because  its  fracUon  stands  in 
a.  more  simple  form,  and  facilitates  the  calculations  into  which  it 
enters. 

Should  the  Unit  be  fixed  at  365  grains  of  pure  silver,  gold  at 
15  for  1,  and  die  alloy  of  both  be  one  twelfth,  the  weights  of  the 
coins  will  be  as  follows. 

Grains.  Grains.  dwt.  Grains. 

The  Golden  piece  containing  §43  1-3  of  pure  metal,    122.12  of  alloy,  will  weigh  11— 1.4r) 

The  Unit  or  Dollar,  .365  .  ,  XU8  .  .  16-14.18 

Thehalf  dollar,  or  five  tenths,  1821-2  .  .      16.59  .  .  •        8—7.09 

The  fifth,  or  Pistereen,      .73  .  .  0.63  .  .  3—7.63 

The  tenth,  or  Bit,         .  36  1-2  ,  .      3.318  .  .  •        1—15.818 

The  twentieth,  or  half  Bit,        18  1-4  .  .  1.659  .  .  19.9 

The  quantity  of  fine  silver  which  shall  constitute  the  Unit,  being 
settled,  and  the  proportion  of  the  value  of  gold,  to  that  of  silver ; 
a  table  should  be  formed  from  the  assay  before  suggested,  classing 
the  several  foreign  coins  according  to  their  fineness,  declaring  the 
worth  of  a  pennyweight  or  grain  in  each  class,  and  that  they  shall 
be  lawful  tenders  at  those  rates,  if  not  clipped  or  otherwise  di- 
minished;  and,  where  diminished,  offering  their  value  for  them  at 
the  mint,  deducting  the  expense  of  re-coinage.     Here  the  Legisla- 


139 

tures  should  co-operate  witli  Congress,  in  providing  that  no  money 
be  received  or  paid  at  their  treasuries,  or  by  any  of  their  officers, 
or  any  bank,  but  on  actual  weight ;  in  making  it  criminal,  in  a  high 
degree,  to  diminish  their  own  coins,  and,  in  some  smaller  degree, 
to  offer  them  in  payment  when  diminished. 

That  this  subject  may  be  properly  prepared,  and  in  readiness 
for  Congress  to  take  up  at  their  meeting  in  November,  something 
must  now  be  done.  The  present  session  drawing  to  a  close,  they 
probably  would  not  choose  to  enter  far  into  this  undertaking  them- 
selves. The  Committee  of  the  States,  however,  during  the  recess, 
will  have  time  to  digest  it  thoroughly,  if  Congress  will  fix  some 
general  principles  for  their  government.  Suppose  they  be  in- 
structed. 

To  appoint  proper  persons  to  assay  and  examine,  with  the  ut- 
most accuracy  practicable,  the  Spanish  milled  dollars  of  different 
dates,  in  circulation  with  us. 

To  assay  and  examine,  in  like  manner,  the  fineness  of  all  the 
other  coins  which  may  be  found  in  circulation  within  these  states. 

To  report  to  the  Committee  the  result  of  these  assays,  by  them 
to  be  laid  before  Congress. 

•  To  appoint,  also,  prdper  persons  to  enquire  what  are  the  propor- 
tions between  the  values  of  fine  gold,  and  fine  silver,  at  the 
markets  of  the  several  countries  with  which  we  are,  or  probably 
may  be,  connected  in  commerce ;  and  what  would  be  a  proper 
proportion  here,  having  regard  to  the  average  of  their  values  at 
those  markets,  and  to  other  circumstances,  and  to  report  the 
same  to  the  X^ommittee,  by  them  to  be  laid  before  Congress. 

.  To  prepare  an  Ordinance  for  establishing  the  Unit  of  Money 
within  these  States ;  for  subdividing  it ;  and  for  striking  coins  of 
gold,  silver,  and  copper,  on  the  following  principles. 

That  the  Money  Unit  of  these  States,  shall  be  equal  in  value  to 
a  Spanish  milled  dollar  containing  so  much  fine  silver  as  the  assay, 
before  directed,  shall  shew  to  be  contained,  on  an  average,  in  dol- 
lars of  the  several  dates  in  circulation  with  us. 

That  this  Unit  shall  be  divided  into  tenths  and  hundredths ;  that 
there  shall  be  a  coin  of  silver  of  the  value  of  a  Unit ;  one  other 
of  the  same  metal,  of  the  value  of  one  tenth  of  a  Unit ;  one  other 
of  copper,  of  the  value  of  the  hundredth  of  a  Unit. 

That  there  shall  be  a  coin  of  gold  of  the  value  of  ten  Units, 
according  to  the  report  before  directed,  and  the  judgment  of  the 
Committee  thereon. 

That  the  alloy  of  the  said  coins  of  gold  and  silver,  shall  be 
equal  in  weight  to  one  eleventh  part  of  the  fine  metal. 

That  there  be  proper  devices  for  these  coins. 


140 

That  measures  be  proposed  for  preventing  their  diminution, 
and  also  their  currency,  and  that  of  any  others,  when  diminished. 

That  the  several  foreign  coins  be  described  and  classed  in  the 
said  Ordinance,  the  fineness  of  each  class  stated,  and  its  value  by 
weight  esdmated  in  Units  and  decimal  parts  of  Units. 

And  that  the  said  draught  of  an  Ordinance  be  reported  to  Con- 
gress at  their  next  meeting,  for  their  consideration  and  determi- 
nation. 

Supplementary  Explanations. 

The  preceding  notes  having  been  submitted  to  the  considera- 
tion of  the  Financier,  he  favored  me  with  his  opinion  and  obser- 
vations on  them,  which  render  necessary  the  following  supplemen- 
tary explanations. 

I  observed,  in  the  preceding  notes,  that  the  true  proportion  of  va- 
lue between  gold  and  silver  was  a  mercantile  problem  altogetlier, 
and  that,  perhaps,  fifteen  for  one,  might  be  found  an  eligible  propor- 
tion. The  Financier  is  so  good  as  to  inform  me,  that  this  would 
be  higher  than  the  market  would  justify.  Confident  of  his  better 
information  on  this  subject,  I  recede  from  that  idea."'^ 

He  also  informs  me,  that  the  several  coins,  in  circulation  among 
us,  have  been  already  assayed  with  accuracy,  and  the  result  pub- 
lished in  a  work  on  that  subject.  The  assay  of  Sir  Isaac  Newton 
had  superseded,  in  my  mind,  the  necessity  of  this  operation  as  to 
the  older  coins,  which  were  the  subject  of  his  examination.  This 
later  work,  with  equal  reason,  may  be  considered  a^  saving  the 
same  trouble  as  to  the  latter  coins. 

So  far,  then,  I  accede  to  the  opinions  of  the  Financier.  On  the 
other  hand,  he  seems  to  concur  with  me,  in  thinking  his  smallest 
fractional  division  too  minute  for  a  Unit,  and,  therefore,  proposes 
to  transfer  that  denomination  to  his  largest  silver  coin,  containing 
1000  of  the  units  first  proposed,  and  worth  about  4s.  2d.  lawful,  or 
25-36  of  a  Dollar.  The  only  question  then  remaining  between  us 
is,  whether  the  Dollar,  or  this  coin,  be.  best  for  the  Unit.  We  both 
agree  that  the  ease  of  adoption  with  the  people,  is  the  thing  to  be 
aimed  at. 

1.  As  to  the  Dollar,  events  have  overtaken  and  superseded  the 

*  In  a  newspaper,  which  frequently  gives  good  details  in  political  economy, 
T  find,  under  the  Hamburgh  head,  that  the  present  market  price  of  Gold  and 
Silver  is,  in  England,  15. o  for  1:  in  Russia,  J5:  in  Holland,  14.75:  in  Sa- 
voy, 14.6:  in  France,  14.42:  in  Spain,  14.3:  in  Germany,  14.155:  the  ave- 
rage of  which  is  14.075  or  14  5-8.  I  would  still  incline  to  give  a  litte  more 
than  the  market  price  for  gold,  because  of  its  superior  convenience  in  trans- 
portation. 


141 

question.  It  is  no  longer  a  doubt  whether  the  people  can  adopt 
it  with  ease  ;  they  have  adopted  it,  and  will  have  to  be  turned  out  of 
that,  into  another  tract  of  calculation,  if  another  Unit  be  assumed. 
They  have  now  two  Units,  which  they  use  with  equal  facility,  viz. 
the  Pound  of  their  respective  state,  and  the  Dollar.  The  first  of 
these  is  peculiar  to  each  state  :  the  second,  happily,  common  to 
all.  In  each  state,  the  people  have  an  easy  rule  for  converting 
the  pound  of  their  state  into  dollars,  or  dollars  into  pounds ;  and 
this  is  enough  for  them,  without  knowing  how  this  may  be  done  in 
every  state  of  the  union.  Such  of  them  as  live  near  enough  the 
borders  of  their  state  to  have  dealings  with  their  neighbors,  learn 
also  the  rule  of  their  neighbors  :  thus,  in  Virginia  and  the  Eastern 
States,  where  the  dollar  is  6s.  or  3-10  of  a  pound,  to  turn  pounds 
into  dollars,  they  multiply  by  10,  and  divide  by  3.  To  turn  dol- 
lars into  pounds,  they  multiply  by  3,  and  divide  by  10.  Those 
in  Virginia  who  live  near  to  Carolina,  where  the  dollar  is  8s.  or 
4-10  of  a  pound,  learn  the  operation  of  that  state,  which  is  a  mul- 
tiplication by  4,  and  division  by  10,  et  e  converso.  Those  who 
live  near  Maryland,  where  the  dollar  is  7s.  6d.  or  3-8  of  a  pound, 
multiply  by  3,  and  divide  by  8,  et  e  converso.  All  these  opera- 
tions are  easy,  and  have  been  found,  by  experience,  not  too  much 
for  the  arithmetic  of  the  people,  when  they  have  occasion  to  con- 
vert their  old  Unit  into  dollars,  or  the  reverse. 

2.  As  to  the  Unit  of  the  Financier  ;  in  the  States  where  the  dol- 
lar is  3-10  of  a  pound,  this  Unit  will  be  5-24.  Its  conversion 
into  the  pound  then,  will  be  by  a  multiplication  by  5,  and  a  divi- 
sion by  24.  In  the  states  where  the  dollar  is  3-8  of  a  pound, 
tliis  Unit  will  be  25-96  of  a  pound,  and  the  operation  must  be  to 
multiply  by  25,  and  divide  by  96,  et  e  converso.  Where  the 
dollar  is  4-10  of  a  pound,  this  Unit  will  be  5-18.  The  simplicity 
of  the  fraction,  and  of  course  the  facility  of  conversion  and  recon- 
version, is  therefore  against  this  Unit,  and  in  favor  of  the  dollar,  in 
every  instance.  The  only  advantage  it  has  over  the  dollar,  is,  that 
it  will  in  every  case  express  our  farthing  without  a  remainder ; 
whereas,  though  the  dollar  and  its  decimals  will  do  this  in  many 
cases,  it  will  not  in  all.  But,  even  in  these,  by  extending  your 
notation  one  figure  farther,  to  wit,  to  thousands,  you  approximate 
to  perfect  accuracy  within  less  than  the  two  thousandth  part  of  a 
dollar  ;  an  atom  in  money  which  every  one  would  neglect.  Against 
this  single  inconvenience,  the  odier  advantages  of  tlie  dollar  are 
more  than  sufficient  to  preponderate.  This  Unit  will  present  to 
the  people  a  new  coin,  and  whetlier  they  endeavor  to  estimate  its 
value  by  comparing  it  with  a  Pound,  or  with  a  Dollar,  the  Units 
they  now  possess,  they  will  find  the  fraction  very  compound,  and 


142 

of  course  less  accommodated  to  their  comprehension  and  habits 
than  the  dollar.  Indeed  the  probability  is,  that  they  could  never 
be  led  to  compute  in  it  generally. 

The  Financier  supposes  that  the  1-100  of  a  dollar  is  not  suffi- 
ciently small,  where  the  poor  are  purchasers  or  vendors.  If  it  is  not, 
make  a  smaller  coin.  But  I  suspect  that  it  is  small  enough.  Let 
us  examine  facts,  in  countries  where  we  are  acquainted  with  them. 
In  Virginia,  where  our  towns  are  few,  small,  and  of  course  their 
demand  for  necessaries  very  limited,  we  have  never  yet  been  able 
to  introduce  a  copper  coin  at  all.  The  smallest  coin  which  any 
body  will  receive  tliere,  is  the  half-bit,  or  1-20  of  a  dollar.  In 
those  states  where  the  towns  are  larger  and  more  populous,  a 
more  habitual  barter  for  small  wants,  has  called  for  a  copper  coin  of 
1-90  or  1-96  or  1-108  of  a  dollar.  In  England,  w^here  the  towns 
are  many  and  populous,  and  where  ages  of  experience  have  ma- 
tured the  conveniences  of  intercourse,  they  have  found  that  some 
wants  may  be  supplied  for  a  farthing,  or  1-208  of  a  dollar,  and 
they  have  accommodated  a  coin  to  this  want.  This  business  is 
evidently  progressive.  In  Virginia,  we  are  far  behind.  In  some 
other  states,  they  are  further  advanced,  to  wit,  to  the  appreciation 
of  1-90,  1-96,  1-108  of  a  dollar.  To  this  most  advanced  state,  then, 
I  accommodated  my  smallest  coin  in  the  decimal  arrangement,  as  a 
money  of  payment,  corresponding  with  the  money  of  account.  I 
have  no  doubt  the  time  will  come  when  a  smaller  coin  will  be 
called  for.  When  that  comes,  let  it  be  made.  It  will  probably 
be  the  half  of  the  copper  I  propose,  that  is  to  say  5-1000  or  .005 
of  a  dollar,  this  being  very  nearly  the  farthing  of  England.  But 
it  will  be  time  enough  to  make  it,  when  the  people  shall  be  ready 
to  receive  it. 

My  proposition  then,  is,  that  our  notation  of  money  shall  be  de- 
cimal, descending  ad  libitum  of  the  person  noting ;  that  the  Unit 
of  this  notation  shall  be  a  Dollar  ;  that  coins  shall  be  accommoda- 
ted to  it  from  ten  dollars  to  the  hundreth  of  a  dollar ;  and  that,  to 
set  this  on  foot,  the  resolutions  be  adopted  which  were  proposed 
in  the  notes,  only  substituting  an  enquiry  into  the  fineness  of  the 
coins  in  lieu  of  an  assay  of  them. 


[Note  G.] 

I  have  sometimes  asked  myself,  whether  my  country  is  the 
better  for  my  having  lived  at  all  ?  I  do  not  know  that  it  is.  I  have 
been  the  instrument  of  doing  the  following  things ;  but  they  would 
have  been  done  by  others  ;  some  of  them,  perhaps,  a  little  better. 


143 

The  Rivanna  liad  never  been  used  for  navigation  ;  scarcely  an 
empty  canoe  had  ever  passed  down  it.  Soon  after  I  came  of  age, 
I  examined  its  obstructions,  set  on  foot  a  subscription  for  removing 
them,  got  an  Act  of  Assembly  passed,  and  the  thing  effected,  so  as 
to  be  used  completely  and  fully  for  carrying  down  all  our  produce. 

The  Declaration  of  Independence. 

I  proposed  the  demolition  of  the  Church  establishment,  and  the 
freedom  of  religion.  It  could  only  be  done  by  degrees ;  to  wit, 
the  Act  of  1776,  c.  2.  exempted  dissenters  from  contributions 
to  the  Church,  and  left  the  Church  clergy  to  be  supported  by  vo- 
luntary contributions  of  their  own  sect ;  was  continued  from  year 
to  year,  and  made  perpetual  1779,  c.  36.  I  prepared  the  act 
for  religious  freedom  in  1777,  as  part  of  the  revisal,  which  was 
not  reported  to  the  Assembly  till  1779,  and  that  particular  law  not 
passed  till  1785,  and  then  by  the  efforts  of  Mr.  Madison. 

The  act  putting  an  end  to  entails. 

The  act  prohibiting  tlie  importation  of  slaves. 

The  act  concerning  citizens,  and  establishing  the  natural  right 
of  man  to  expatriate  himself,  at  will. 

The  act  changing  tlie  course  of  descents,  and  giving  the  inheri- 
tance to  all  the  children,  &ic.  equally,  I  drew  as  part  of  the  revisal. 

The  act  for  apportioning  crimes  and  punishments,  part  of  the 
same  work,  I  drew.  When  proposed  to  the  legislature,  by  Mr. 
Madison,  in  1785,  it  failed  by  a  single  vote.  G.  K.  Taylor  after- 
wards, in  1796,  proposed  the  same  subject;  avoiding  the  adoption 
of  any  part  of  the  diction  of  mine,  the  text  of  which  had  been 
studiously  drawn  in  the  technical  terms  of  the  law,  so  as  to  give 
no  occasion  for  new  questions  by  new  expresions.  When  I  drew 
mine,  public  labor  was  thought  the  best  punishment  to  be  substi- 
tuted for  death.  But,  while  I  was  in  France,  I  heard  of  a  society 
in  England,  who  had  successfully  introduced  solitary  confinement, 
and  saw  the  drawing  of  a  prison  at  Lyons,  in  France,  formed  on 
the  idea  of  solitary  confinement.  And,  being  applied  to  by  the 
Governor  of  Virginia  for  the  plan  of  a  Capitol  and  Prison,  I  sent 
him  the  Lyons  plan,  accompanying  it  with  a  drawing  on  a  smaller 
scale,  better  adapted  to  our  use.  This  was  in  June,  1786.  Mr. 
Taylor  very  judiciously  adopted  this  idea,  (which  had  now  been 
acted  on  in  Philadelphia,  probably  from  the  English  model)  and 
substituted  labor  in  confinement,  to  the  public  labor  proposed  by 
the  Committee  of  revisal ;  which  themselves  would  have  done,  had 
they  been  to  act  on  the  subject  again.  The  public  mind  was  ripe 
for  this  in  1796,  when  Mr.  Taylor  proposed  it,  and  ripened  chiefly 
by  the  experiment  in  Philadelphia;  whereas,  in  1785,  when  it  had 
been  proposed  to  our  Assembly,  they  were  not  quite  ripe  for  it. 


144 

In  1789,  and  1790,  I  had  a  great  number  of  olive  plants,  of  the 
best  kind,  sent  from  Marseilles  to  Charleston,  for  South  Carolina 
and  Georgia.  They  were  planted,  and  are  flourishing;  and, 
though  not  yet  multiplied,  they  will  be  the  germ  of  that  cultivation 
in  those  States. 

In  1790,  I  got  a  cask  of  heavy  upland  rice,  from  the  river  Den- 
bigh, in  Africa,  about  lat.  9^^  30'  North,  which  I  sent  to  Charjes- 
ton,  in  hopes  it  might  supercede  the  culture  of  the  wet  rice,  whiich 
renders  South  Carolina  and  Georgia  so  pestilential  through  the 
summer.  It  was  divided,  and  a  part  sent  to  Georgia.  I  know 
not  whether  it  has  been  attended  to  in  South  Carolina ;  but  it  has 
spread  in  the  upper  parts  of  Georgia,  so  as  to  have  become  almost 
general,  and  is  highly  prized.  Perhaps  it  may  answer  in  Tennes- 
see and  Kentucky.  The  greatest  service  which  can  be  rendered 
any  country  is,  to  add  an  useful  plant  to  its  culture  ;  especially,  a 
bread  grain ;  next  in  value  to  bread  is  oil. 

Whether  the  Act  for  the  more  general  diffusion  of  knowledge 
will  ever  be  carried  into  complete  effect,  I  know  not.  It  was  re- 
ceived, by  the  legislature,  with  great  enthusiasm  at  first ;  and  a 
small  effort  was  made  in  1796,  by  the  Act  to  establish  public  schools, 
to  carry  a  part  of  it  into  effect,  viz.  that  for  the  establishment  of 
free  English  schools ;  but  the  option  given  to  the  courts  has  de- 
feated the  intention  of  the  Act.* 


[Note  H.] 

New  York,  October  13,  1789. 

Sir, 
In  the  selection  of  characters  to  fill  the  important  offices  of 
Government,  in  the  United  States,  I  was  naturally  led  to  contem- 
plate the  talents  and  dispositions  which  I  knew  you  to  possess  and 
entertain  for  the  service  of  your  country ;  and  without  being  able 
to  consult  your  inclination,  or  to  derive  any  knowledge  of  your  in- 
tention from  your  letters,  either  to  myself  or  to  any  other  of  your 
friends,  I  was  determined,  as  well  by  motives  of  private  regard, 
as  a  conviction  of  public  propriety,  to  nominate  you  for  the  De- 
partment of  State,  which,  under  its  present  organization,  involves 
many  of  the  most  interesting  objects  of  the  Executive  authority. 

[*  It  appears,  from  a  blank  space  at  the  bottom  of  this  paper,  that  a  continu- 
ation had  been  intended.  Indeed,  from  the  loose  manner  in  which  the  above 
notes  are  written,  it  may  be  inferred,  that  they  were  originally  intended  as 
memoranda  only,  to  be  used  in  some  more  permanent  form.] 


145 

But  grateful  as  your  acceptance  of  this  commision  would  be  to  me, 
I  am,  at  the  same  time,  desirous  to  accommodate  your  wishes,  and 
I  have,  tlierefore,  forborne  to  nominate  your  successor  at  the  court 
of  Versailles,  until  I  should  be  informed  of  your  determination. 

Being  on  the  eve  of  a  journey  through  the  Eastern  States,  with 
a  view  to  observe  the  situation  of  the  country,  and  in  a  hope  of  per- 
fectly re-establishing  my  health,  which  a  series  of  indispositions  has 
much  impaired,  I  have  deemed  it  proper  to  make  this  communi- 
cation of  your  appointment,  in  order,  that  you  might  lose  no  time, 
should  it  be  your  wish  to  visit  Virginia  during  the  recess  of  Con- 
gress, which  will  probably  be  the  most  convenient  season,  both  as 
it  may  respect  your  private  concerns,  and  the  public  service. 

Unwilling,  as  I  am,  to  interfere  in  the  direction  of  your  choice 
of  assistants,  I  shall  only  take  the  liberty  of  observing  to  you,  that, 
from  warm  recommendations  which  I  have  received  in  behalf  of 
Roger  Alden,  Esq.  assistant  Secretary  to  the  late  Congress,  I  have 
placed  all  the  papers  thereunto  belonging,  under  his  care.  Those 
papers  which  more  properly  appertain  to  the  office  of  Foreign  Affairs, 
are  under  the  superintendence  of  Mr.  Jay,  who  has  been  so  oblig- 
ing as  to  continue  his  good  offices,  and  they  are  in  the  immediate 
charge  of  Mr.  Remsen. 

With  sentiments  of  very  great  esteem  and  regard, 
I  have  the  honor  to  be,  Sir, 

Your  most  obedient  servant, 

George  Washington. 
The  Honorable  Thomas  Jefferson. 

I  take  this  occasion  to  acknowledge  the  receipt  of  your  several 
favors,  of  the  4th  and  .5th  of  December  of  the  last,  and  10th  of 
May  of  tlie  present  year,  and  to  thank  you  for  the  communica- 
tions therein.  G.  W. 


New  York,  November  30, 1789. 
Dear  Sir, 

You  will  perceive  by  the  enclosed  letter,  (which  was  left  for 
you  at  the  office  of  Foreign  Affairs,  when  I  made  a  journey  to 
die  Eastern  States,)  die  motives,  on  which  I  acted  widi  regard  to 
yourself,  and  the  occasion  of  my  explaining  them  at  that  early 
period. 

Having  now  reason  to  hope,  from  Mr.  Trumbull's  report,  that 
you  will  be  arrived  at  Norfolk  before  this  time,  (on  which  event  I 
would  most  cordially  congratulate  you)  and  having  a  safe  convey- 

VOL.    I.  19 


146 

ance  by  Mr.  Griffin,  I  forward  your  commission  to  Virginia ;  with 
a  request  to  be  made  acquainted  with  your  sentiments  as  soon  as 
you  shall  find  it  convenient  to  communicate  them  to  me. 
With  sentiments  of  very  great  esteem  and  regard, 
I  am,  dear  sir, 

Your  most  obedient  humble  servant, 

George  Washington. 
The  Honorable  Thomas  Jefferson. 


m 


CORRESPOJVDEIVCE 


CORRESPONDENCE 


LETTER  J. 


TO    DR.    WILLIAM    SMALL. 

May  7,  1775. 
Dear  Sir, 
Witliin  tliis  week  we  have  received  the  unhappy  news  of  an  ac- 
tion of  considerable  magnitude,  between  the  King's  troops  and  our 
brethren  of  Boston,  in  which  it  is  said,  five  hundred  of  the  former, 
witli  the  Earl  of  Percy,  are  slain.  That  such  an  action  has  dS- 
curred,  is  undoubted,  though  perhaps  the  circumstances  may  not 
have  reached  us  with  truth.  This  accident  has  cut  off  our  last 
hope  of  reconciliation,  and  a  phrenzy  of  revenge,  seems  to  have 
seized  all  ranks  of  people.  It  is  a  lamentable  circumstance,  that 
the  only  mediatory  power,  acknowledged  by  both  parties,  instead 
of  leading  to  a  reconciliation  his  divided  people,  should  pursue 
the  incendiary  purpose  of  still  blowing  up  the  flames,  as  we  find 
him  constantly  doing,  in  every  speech  and  public  declaration. 
This  may,  perhaps,  be  intended  to  intimidate  into  acquisecence, 
but  the  effect  has  been  most  unfortunately  otherwise.  A  little 
knowledge  of  human  nature,  and  attention  to  its  ordinary  workings, 
might  have  foreseen  that  the  spirits  of  the  people  here,  were  in  a 
state,  in  which  tliey  were  more  likely  to  be  provoked,  than  fright- 
ened, by  haughty  deportment.  And  to  fill  up  the  measure  of  irri- 
tation, a  proscription  of  individuals,  has  been  substituted  in  the 
room  of  just  trial.  Can  it  be  believed,  diat  a  grateful  people  will 
suffer  those  to  be  consigned  to  execution,  whose  sole  crime  has 
been  the  developing  and  asserting  their  rights  ?  Had  the  Parlia- 
ment possessed  the  power  of  reflection,  they  would  have  avoided 
a  measure  as  impotent,  as  it  was  inflammatory.  When  T  saw  Lord 
Chatham's  bill,  I  entertained  high  hope,  that  a  reconciliation  could 
have  been  brought  about.  The  difference  between  his  terms,  and 
those  offered  by  our  Congress,  might  have  been  accommodated, 
if  entered  on,  by  both  parties,  widi  a  disposition  to  accommodate. 
But  the  dignity  of  Parliament,  it  seems,  can  brook  no  opposition 


150 

to  its  power.  Sti'ange,  that  a  set  of  men,  who  have  made  sale  of 
their  virtue  to  the  Minister,  should  yet  talk  of  retaining  dignity  ! 
But  I  am  getting  into  politics,  though  I  sat  down  only  to  ask  your 
acceptance  of  the  wine,  and  express  my  constant  wishes  for  your 
happiness. 

Th:  Jefferson. 


LETTER  II. 

TO    JOHN    RANDOLPH,    ESQ. 

Monticello,  August  25,  1775. 
Dear  Sir, 

1  am  sorry  the  situation  of  our  country  should  render  it  not 
t^ligible  to  you,  to  remain  longer  in  it.  I  hope  the  returning 
wisdom  of  Great  Britain,  will,  ere  long,  put  an  end  to  this  un- 
natural coiitest.  There  may  be  people  to  whose  tempers  and 
dispositions,  contention  is  pleasing,  and  who,  therefore,  wish  a  con- 
tinuance of  confusion,  but  to  me  it  is  of  all  states  but  one,  the 
most  horrid.  My  first  wish  is  a  restoration  of  our  just  rights; 
my  second,  a  return  of  the  happy  period,  when,  consistently  with 
duty,  I  may  withdraw  myself  totally  from  the  public  stage,  and 
pass  the  rest  of  my  days  in  domestic  ease  and  tranquillity,  banish- 
ing every  desire  of  ever  hearing  what  passes  in  the  world.  Per- 
haps, (for  the  latter  adds  considerably  to  the  warmth  of  the  former 
wish,)  looking  with  fondness  towards  a  reconciliation  with  Great 
Britain,  I  cannot  help  hoping  you  may  be  able  to  contribute  to- 
wards expediting  this  good  work.  I  think  it  must  be  evident  to 
yourself,  that  the  Ministry  have  been  deceived  by  their  offi- 
cers on  this  side  of  the  water,  who,  (for  what  purpose,  I  cannot 
tell)  have  constantly  represented  the  American  opposition  as  that 
of  a  small  faction,  in  which  the  body  of  the  people  took  litde  part. 
This,  you  can  inform  them,  of  your  own  knowledge,  is  untrue. 
They  have  taken  it  into  their  heads,  too,  that  we  are  cowards, 
and  shall  surrender  at  discretion  to  an  armed  force.  The  past  and 
future  operations  of  tlie  war  must  confirm  or  undeceive  them  on 
that  head.  I  wish  they  were  thoroughly  and  minutely  acquainted 
with  every  circumstance,  Relative  to  America,  as  it  exists  in  truth. 
I  am  persuaded,  this  would  go  far  towards  disposing  them  to  re- 
conciliation. Even  those  in  Parliament  who  are  called  friends  to 
America,  seem  to  know  nothing  of  our  real  determinations.  I 
observe,  they  pronounced  in  the  last  Parliament,  that  the  Congress 


151 


k 


of  1774,  did  not  mean  to  insist  rigorously  on  the  terms  they  helc 
out,  but  kept  something  in  reserve,  to  give  up  :  and,  in  fact,  thaj 
tliey  would  give  up  every  tiling  but  the  article  of  taxation.     Nowf 
the  truUi  is  far  from  this,  as  I  can  affirm,  and  put.  my  honor  lo  thj 
assertion.    Their  continuance  in  this  error  may,  perhaps,  producj 
very  ill  consequences.     The  Congress  stated  the   lowest  termf 
they  thought  possible  to  be  accepted,  in  order  to  convince  tht 
world,  they  were  not  unreasonable.     They  gave  up  the  monopoly 
and  regulation  of  trade,  and  all  acts  of  Parliament  prior  to  1764^ 
leaving  to  British  generosity  to  render  these,  at  some  future  time,i 
as  easy  to  America  as  the  interest  of  Britain  would  admit.     Butl 
this  was  before  blood  was  spilt.     I  cannot  affirm,  but  have  reason] 
to  think,  these  terms  would  not  now  be  accepted.     I  wish  no  false ! 
sense  of  honor,  no  ignorance  of  our  real  intentions,  no  vain  hope 
that  partial  concessions  of  right  will  be  accepted,  may  induce  the- 
Ministry  to  trifle  with  accommodation,  till  it  shall  be  out  of  their 
power  ever  to  accommodate.     If,  indeed.  Great  Britain,  disjoined 
from  her  colonies,  be  a  match  for  the  most  potent  nations  of  Eu- 
rope, with  the  colonies  thrown  into  tlieir  scale,  they  may  go  On 
securely.     But  if  they  are  not  assured  of  this,  it  would  be  certainly 
unwise,  by  trying  the  event  of  anotlier  campaign,  to  risque  our 
accepting  a  foreign  aid,  which,  perhaps,  may  not  be  obtainable, 
but  on  condition  of  everlasting  avulsion  from  Great  Britan.     This 
would  be  thought  a  hard  condition,  to  those  who  still  wish  for  re- 
union with  their  parent  country.     I  am  sincerely  one  of  those,  and 
would  rather  be  in  dependence  on  Great  Britain,  properly  limited, 
than  on  any  nation  upon  earth,  or  tlian  on  no  nation.     But  I  am 
one  of  those,  too,  who,  rather  than  submit  to  the  rights  of  legisla- 
ting for  us,  assumed  by  the  British  Parliament,  and  which  late  ex- 
perience has  shewn,  they  will  so  cruelly  exercise,  would  lend  my 
hand  to  sink  the  whole  Island  in  the  ocean. 

If  undeceiving  the  Minister,  as  to  matters  of  fact,  may  change 
his  disposition,  it  will,  perhaps,  be  in  your  power,  by  assisting  to 
do  this,  to  render  service  to  the  whole  empire,  at  the  most  critical 
time,  certainly,  that  it  has  ever  seen.  Whether  Britain  shall  con- 
tinue the  head  of  the  greatest  empire  on  earth,  or  shall  return  to 
her  original  station  in  the  political  scale  of  Europe,  depends,  per- 
haps, on  the  resolutions  of  the  succeeding  winter.  God  send 
they  may  be  wise  and  salutary  for  us  all.  I  shall  be  glad  to  hear 
from  you  as  often  as  you  may  be  disposed  to  think  of  things  here. 
You  may  be  at  liberty,  I  expect,  to  communicate  some  things, 
consistently  with  your  honor,  and  the  duties  you  will  owe  to  a 
protecting  nadon.  Such  a  communication  among  individuals, 
may  be  mutually  beneficial  to  the  contending  parties.     On  this  or 


152 

any  future  occasion,  if  I  affirm  to  you  any  facts,  your  knowledge 
of  me  will  enable  you  to  decide  on  their  credibility ;  if  I  hazard 
opinions  on  the  dispositions  of  men  or  other  speculative  points, 
you  can  only  know  tliey  are  my  opinions.  My  best  wishes  for 
your  felicity,  attend  you,  where  ever  you  go,  and  believe  me  to 
be,  assuredly, 

Your  friend  and  servant, 

Th:  Jefferson. 


LETTER    III. 
TO    JOHN    RANDOLPH,  ESQ. 

Philadelphia,  November  29,  1775. 

Dear  Sir, 

I  am  to  give  you  the  melancholy  intelligence  of  the  death  of 
jfMir  most  wortliy  Speaker,  which  happened  here  on  the  22nd  of 
the  last  month.  He  was  struck  with  an  apoplexy,  and  expired 
within  five  hours. 

I  have  it  in  my  power  to  acquaint  you,  that  the  success  of  our 
arms  has  corresponded  with  the  justice  of  our  cause.  Chambly 
and  St.  Johns  were  taken  some  weeks  ago,  and  in  them  the 
whole  regular  army  in  Canada,  except  about  forty  or  fifty  men. 
This  day,  certain  intelligence  has  reached  us,  that  our  General, 
Montgomery,  is  received  into  Montreal :  and  we  expect,  every  hour, 
to  be  informed  that  Quebec  has  opened  its  arms  to  Colonel  Ar- 
nold, who,  with  eleven  hundred  men,  was  sent  from  Boston  up  the 
Kennebec,  and  down  the  Chaudiere  river  to  that  place.  He  ex- 
pected to  be  there  early  this  month.  Montreal  acceded  to  us  on 
the  13th,  and  Carlton  set  out,  with  the  shattered  remains  of  his 
litde  army,  for  Quebec,  where  we  hope  he  will  be  taken  up  by 
Arnold.  In  a  short  time,  we  have  reason  to  hope,  the  delegates 
of  Canada  will  join  us  in  Congress,  and  complete  the  American 
union,  as  far  as  we  wish  to  have  it  completed.  We  hear  that  one 
of  the  British  transports  has  arrived  at  Boston  5  the  rest  are  beat- 
ing off  the  coast,  in  very  bad  weather.  You  will  have  heard,  be- 
fore this  reaches  you,  that  Lord  Dunmore  has  commenced  hostili- 
ties in  Virginia.  That  people  bore  with  every  thing,  till  he  at- 
tempted to  burn  the  town*  of  Hampton.  They  opposed  and  re- 
pelled him,  with  considerable  loss  on  his  side,  and  none  on  ours. 
It  has  raised  our  countrymen  into  a  perfect  phrenzy.  It  is  an  im- 
mense misfortune,  to  the  whole  empire,  to  have  a  King  of  such  a 


153 

disposition  at  such  a  time.  We  are  told,  and  every  thing  proves 
it  true,  that  he  is  the  bitterest  enemy  we  have.  His  Minister  is 
able,  and  that  satisfies  me  that  ignorance  or  wickedness,  some- 
where, controls  him.  In  an  earlier  part  of  this  contest,  our  peti- 
tions told  him,  tliat  from  our  King  there  was  but  one  appeal.  The 
admonition  was  despised,  and  that  appeal  forced  on  us.  To  undo 
his  empire,  he  has  but  one  truth  more  to  learn ;  that,  after  colo- 
nies have  drawn  the  sword,  there  is  but  one  step  more  they  can 
take.  That  step  is  now  pressed  upon  us,  by  the  measures  adopt- 
ed, as  if  they  were  afraid  we  would  not  take  it.  Believe  me,  dear 
Sir,  there  is  not  in  the  British  empire,  a  man  who  more  cordially 
loves  a  union  with  Great  Britain,  than  I  do.  But  by  the  God  that 
made  me,  I  will  cease  to  exist  before  I  yield  to  a  connection  on 
such  terms  as  the  British  Parliament  propose ;  and  in  this,  I  think 
I  speak  the  sentiments  of  America.  We  want  neither  inducement 
nor  power,  to  declare  and  assert  a  separation.  It  is  will,  alone, 
which  is  wanting,  and  that  is  growing  apace  under  the  fostering 
hand  of  our  King.  One  bloody  campaign  will  probably  decide, 
everlastingly,  our  future  course  ;  I  am  sorry  to  find  a  bloody  cam- 
paign is  decided  on.  If  our  winds  and  waters  should  not  combine 
to  rescue  their  shores  from  slavery,  and  General  Howe's  reinforce- 
ment should  arrive  in  safety,  we  have  hopes  he  will  be  inspirited 
to  come  out  of  Boston  and  take  another  drubbing  :  and  we  must 
drub  him  soundly,  before  the  sceptred  tyrant  will  know  we  are 
not  mere  brutes,  to  crouch  under  his  hand^  and  kiss  the  rod  with 
which  he  deigns  to  scourge  us. 

Yours,  &c. 

Th:  Jefferson. 


LETTER  IV. 

^  TO    DR.    BENJAMIN    FRANKLIN,    PARIS. 

Virginia,  August  13, 1777. 
Honorable  Sir, 

I  forbear  to  write  you  news,  as  the  time  of  Mr.  Shore's  depar- 
ture being  uncertain,  it  might  be  old  before  you  receive  it,  and  he 
can,  in  person,  possess  you  of  all  we  have.  With  respect  to  the 
State  of  Virginia  in  particular,  the  people  seem  to  have  laid  aside 
the  monarchical,  and  taken  up  the  republican  government,  with  as 
much  ease,  as  would  have  attended  their  throwing  off  an  old,  and 
putting  on  a  new  suit  of  clothes.  Not  a  single  throe  has  attended 
this  important  transformation.  A  half  dozen  aristocratical  gentle- 
vol.  I.  20 


154 

men,  agonizing  under  the  loss  of  pre-eminence,  have,  sometimes, 
ventured  their  sarcasms  on  our  political  metamorphosis.  They 
have  been  thought  fitter  objects  of  pity,  than  of  punishment.  We 
are,  at  present,  in  the  complete  and  quiet  exercise  of  well  organ- 
ised government,  save  only,  that  our  courts  of  justice  do  not  open 
till  the  fall.  I  think  nothing  can  bring  the  security  of  our  conti- 
ent  and  its  cause,  into  danger,  if  we  can  support  the  credit  of  our 
paper.  To  do  that,  I  apprehend,  one  of  two  steps,  must  be  taken. 
Either  to  procure  free  trade  by  alliance  with  some  naval  power 
able  to  protect  it ;  or,  if  we  find  there  is  no  prospect  of  that,  to 
shut  our  ports  totally,  to  all  the  world,  and  turn  our  colonies  into 
manufactories.  The  former  would  be  most  eligible,  because  most 
conformable  to  the  habits  and  wishes  of  our  people.  Were  the 
British  Court  to  return  to  their  senses  in  time  to  seize  the  little 
advantage  which  still  remains  within  their  reach,  from  tliis  quarter, 
I  judge,  that,  on  acknowledging  our  absolute  independence  and 
sovereignty,  a  commercial  treaty  beneficial  to  them,  and  perhaps 
even  a  league  of  mutual  offence  and  defence,  might,  not  seeing 
the  expense  or  consequences  of  such  a  measure,  be  approved  by 
our  people,  if  nothing,  in  the  mean  time,  done  on  your  part,  should 
prevent  it.  But  they  will  continue  to  grasp  at  their  desperate 
sovereignty,  till  every  benefit  short  of  that,  is  forever  out  of  their 
reach.  I  wish  my  domestic  situation  had  rendered  it  possible  for 
me  to  join  you  in  the  very  honorable  charge  confided  to  you. 
Residence  in  a  polite  Court,  society  of  literati  of  the  first  order, 
a  just  cause  and  an  approving  God,  will  add  length  to  a  life  for 
which  all  men  pray,  and  none  more  than 

Your  most  obedient, 

and  humble  servant, 

Th:  Jefferson. 


LETTER    V. 


TO    HIS    EXCELLENCY    PATRICK    HENRY. 

Albemarle,  March  27, 1779. 

Sir, 

A  report  prevailing  here,  that  in  consequence  of  some  powers 

from  Congress,  the  Governor  and  Council  have  it  in  contemplation 

to  remove  the  Convention  troops,*  either  wholly  or  in  part,  from 

their  present  situation,  I  take  the  liberty  of  troubling  you  witli 

[*  The  troops  under  Burgoyne,  captured  at  Saratoga.] 


155 

some  observations  on  tliat  subject.  The  reputation  and  interest  of 
our  country,  in  general,  may  be  affected  by  such  a  measure :  it 
would,  therefore,  hardly  be  deemed  an  indecent  liberty,  in  the 
most  private  citizen,  to  offer  his  thoughts  to  the  consideration  of 
the  Executive.  The  locality  of  my  situation,  particularly  in  the 
neighborhood  of  the  present  barracks,  and  tlie  public  relation  in 
which  I  stand  to  the  people  among  whom  they  are  situated,  to- 
gether with  a  confidence,  which  a  personal  knowledge  of  the  mem- 
bers of  the  Executive  gives  me,  that  they  will  be  glad  of  informa- 
tion from  any  quarter,  on  a  subject  interesting  to  the  public,  induce 
me  to  hope  that  they  will  acquit  me  of  impropriety  in  the  present 
representation. 

By  an  article  in  the  Convention  of  Saratoga,  it  is  stipulated,  on 
the  part  of  the  United  States,  that  the  officers  shall  not  be  sepa- 
rated from  their  men.  I  suppose  the  term,  officers,  includes  ^eweraZ 
\.'^s  well  as  regimental  officers.  As  there  are  general  officers  who 
pf^command  all  the  troops,  no  part  of  them  can  be  separated  from 
'"^^  these  officers  vv^ithout'  a  violation  of  the  article  :  they  cannot,  of 
course,  be  separated  from  one  another,  unless  tlie  same  general 
officer  could  be  in  different  places  at  the  same  time.  It  is  true, 
the  article  adds  the  words,  '  as  far  as  circumstances  will  admit.' 
This  was  a  necessary  qualification  ;  because,  in  no  place  in  Ame- 
rica, I  suppose,  could  there  have  been  found  quarters  for  both  offi- 
cers and  men  togedier ;  those  for  the  officers  to  be  according  to 
their  rank.  So  far,  then,  as  the  circumstances  of  the  place  where 
they  should  be  quartered,  should  render  a  separation  necessary,  in 
order  to  procure  quarters  for  the  officers,  according  to  their  rank, 
the  article  admits  that  separation.  And  these  are  the  circum- 
stances which  must  have  been  under  the  contemplation  of  tlie  par- 
ties ;  both  of  whom,  and  all  the  world  beside  (who  are  ultimate 
judges  in  the  case),  would  still  understand  that  they  were  to  be  as 
near  in  the  environs  of  tlie  camp,  as  convenient  quarters  could  be 
procured ;  and  not  that  the  qualification  of  the  article  destroyed 
the  article  itself,  and  laid  it  wholly  at  our  discretion.  Congress, 
indeed,  have  admitted  of  this  separation  ;  but  are  they  so  far  lords 
of  right  and  wrong  as  that  our  consciences  may  be  quiet  witli  dieir 
dispensation  ?  Or  is  die  case  amended  by  saying  they  leave  it  op- 
tional in  the  Governor  and  Council  to  separate  the  troops  or  not  ? 
At  the  same  time  that  it  exculpates  not  diem,  it  is  drawing  the 
Governor  and  Council  into  a  participation  in  the  breach  of  faith. 
If  indeed  it  is  only  proposed,  that  a  separation  of  the  troops  shall 
be  referred  to  the  consent  of  their  officers ;  that  is  a  very  differ- 
ent matter.  Having  carefully  avoided  conversation  widi  them  on 
public  subjects,  I  cannot  say,  of  my  own  knowledge,  how  they 


166 

would  relish  such  a  proposition.  I  have  heard  from  others,  that 
they  will  choose  to  undergo  any  thing  together,  rather  than  to  be 
separated,  and  that  they  will  remonstrate  against  it  in  the  strongest 
terms.  The  Executive,  therefore,  if  voluntary  agents  in  this  mea- 
» sure,  must  be  drawn  into  a  paper  war  with  them,  the  more  disa- 
greeable, as  it  seems  that  faith  and  reason  will  be  on  the  other 
side.  As  an  American,  I  cannot  help  feeling  a  thorough  mortifi- 
cation, that  our  Congress  should  have  permitted  an  infraction  of 
our  public  honor ;  as  a  citizen  of  Virginia,  I  cannot  help  hoping 
and  confiding,  that  our  supreme  Executive,  whose  acts  will  be 
considered  as  the  acts  of  the  Commonwealth,  estimate  tliat  honor 
too  highly  to  make  its  infraction  their  own  act.  I  may  be  per- 
mitted to  hope,  then,  that  if  any  removal  takes  place,  it  will  be  a 
general  one  :  and,  as  it  is  said  to  be  left  to  tlie  Governor  and 
Council  to  determine  on  this,  I  am  satisfied,  that,  suppressing 
every  other  consideration,  and  weighing  the  matter  dispassionately, 
they  will  determine  upon  this  sole  question.  Is  it  for  the  benefit  of 
those  for  whom  they  act,  that  the  Convention  troops  should  be  re- 
moved from  among  them  ?  Under  the  head  of  interest,  these  cir- 
cumstances, viz.  the  expense  of  building  barracks,  said  to  have 
been  £25,000,  and  of  removing  the  troops  backwards  and  for- 
wards, amounting  to,  I  know  not  how  much,  are  not  to  be  pre- 
termitted, merely  because  they  are  Continental  expenses ;  for  we 
are  a  part  of  the  Continent;  we  must  pay  a  shilling  of  every 
dollar  wasted.  But  the  sums  of  money,  which,  by  these  troops, 
or  on  their  account,  are  brought  into,  and  expended  in  this  State, 
are  a  great  and  local  advantage.  This  can  require  no  proof. 
If,  at  the  conclusion  of  the  war,  for  instance,  our  share  of  the 
Continental  debt  should  be  twenty  millions  of  dollars,  or  say 
that  we  are  called  on  to  furnish  an  annual  quota  of  two  millions 
four  hundred  thousand  dollars,  to  Congress,  to  be  raised  by  tax, 
it  is  obvious  that  we  should  raise  these  given  sums  with  greater 
or  less  ease,  in  proportion  to  the  greater  or  less  quantity  of  money 
found  in  circulation  among  us.  I  expect  that  our  circulating  mo- 
ney is,  by  the  presence  of  these  troops,  at  the  rate  of  $30,000  a 
week,  at  the  least.  I  have  heard,  indeed,  that  an  objection  arises  to 
their  being  kept  within  this  State,  from  the  information  of  the  com- 
missary that  they  cannot  be  subsisted  here.  In  attending  to  the 
information  of  that  officer,  it  should  be  borne  in  mind  that  the 
county  of  King  William  and  its  vicinities  are  one  thing,  the  terri- 
tory of  Virginia  another.  If  the  troops  could  be  fed  upon  long 
letters,  I  believe  the  gentleman  at  the  head  of  that  department  in 
this  country,  would  be  the  best  commissary  upon  earth.  But  till 
I  see  him  determined  to  act,  not  to  write ;  to  sacrifice  his  domestic 


157 

ease  to  the  duties  of  his  appointment,  and  apply  to  the  resources 
of  this  country,  wheresoever  they  are  to  be  had,  I  must  entertain 
a  different  opinion  of  him.  I  am  mistaken,  if,  for  the  animal  sub- 
sistence of  die  troops  hitherto,  we  are  not  principally  indebted  to 
the  genius  and  exertions  of  Hawkins,  during  the  very  short  time 
he  lived  after  his  appointment  to  thqt  department,  by  your  board. 
His  eye  immediately  pervaded  the  whole  State,  it  was  reduced  at 
once  to  a  regular  machine,  to  a  system,  and  the  whole  put  into 
movement  and  animation  by  the  fiat  of  a  comprehensive  mind.  If 
tlie  Commonwealth  of  Virginia  cannot  furnish  these  troops  with 
bread,  I  would  ask  of  die  commissariat,  which  of  the  thirteen  is 
now  become  the  grain  colony  ?  If  we  are  in  danger  of  famine 
from  the  addition  of  four  thousand  mouths,  what  is  become  of  diat 
surplus  of  bread,  the  exportation  of  which  used  to  feed  the  West 
Indies  and  Eastern  States,  and  fill  the  colony  with  hard  money  ? 
When  I  urge  the  sufficiency  of  this  State,  however,  to  subsist  these 
troops,  I  beg  to  be  understood,  as  having  in  contemplation  the 
quantity  of  provisions  necessary  for  their  real  use,  and  not  as  cal- 
culating what  is  to  be  lost  by  the  wanton  waste,  mismanagement, 
and  carelessness  of  those  employed  about  it.  If  magazines  of 
beef  and  pork  are  suffered  to  rot  by  slovenly  butchering,  or  for 
want  of  timely  provision  and  sale ;  if  quantities  of  flour  are  exposed 
by  the  commissaries  entrusted  with  the  keeping  it,  to  pillage  and 
destruction ;  and  if,  when  laid  up  in  the  Continental  stores,  it  is 
still  to  be  embezzled  and  sold,  the  land  of  Egypt  itself  would  be 
insufficient  for  their  supply,  and  their  removal  would  be  necessary, 
not  to  a  more  plentiful  country,  but  to  more  able  and  honest  com- 
missaries. Perhaps,  the  magnitude  of  this  question,  and  its  rela- 
tion to  the  whole  State,  may  render  it  worth  while  to  aw^ait  the 
opinion  of  the  National  Council,  which  is  now  to  meet  within  a  few 
weeks.  There  is  no  danger  of  distress  in  the  mean  time,  as  the 
commissaries  affirm  they  have  a  great  sufficiency  of  provisions  for 
some  time  to  come.  Should  the  measure  of  removing  them  into 
another  State  be  adopted,  and  carried  into  execution,  before  the 
meeting  of  Assembly,  no  disapprobation  of  theirs  will  bring  them 
back,  because  they  will  then  be  in  the  power  of  others,  who  will 
hardly  give  them  up. 

Want  of  information  as  to  what  may  be  the  precise  measure 
proposed  by  the  Governor  and  Council,  obliges  me  to  shift  my 
ground,  and  take  up  the  subject  in  every  possible  form.  Perhaps, 
they  have  not  thought  to  remove  the  troops  out  of  this  State  alto- 
gether, but  to  some  other  part  of  it.  Here,  the  objections  arising 
from  the  expenses  of  removal,  and  of  building  new  barracks,  recur. 
As  to  animal  food,  it  may  be  driven  to  one  part  of  the  country  as 


^  158 

easily  as  to  anotlier :  that  circumstance,  therefore,  may  be  thrown 
out  of  the  question.  As  to  bread,  I  suppose  they  will  require 
about  fony  or  forty-five  thousand  bushels  of  grain  a  year.  The 
place  to  which  it  is  to  be  brought  to  them,  is  about  the  centre  of 
the  St^te.  Besides,  that  the  country  round  about  is  fertile,  all 
the  grain  made  in  the  counties  adjacent  to  any  kind  of  navigation, 
may  be  brought  by  water  to  within  twelve  miles  of  the  spot.  For 
these  twelve  miles,  wagons  must  be  employed ;  I  suppose  half  a 
dozen  will  be  a  plenty.  Perhaps,  this  part  of  the  expense  might 
have  heen  saved,  had  the  barracks  been  built  on  the  water  ;  but 
it  is  not  sufficient  to  justify  their  being  abandoned  now  they  are 
built.  Wagonage,  indeed,  seems  to  the  commissariat,  an  article 
not  worth  economising.  The  most  wanton  and  studied  circuity  of 
transportation  has  been  practised  :  to  mention  only  one  act,  they 
have  bought  quantities  of  flour  for  these  troops  in  Cumberland, 
have  ordered  it  to  be  wagoned  down  to  Manchester,  and  wagoned 
thence  up  to  the  barracks.  This  fact  happened  to  fall  within  my 
own  knowledge.  I  doubt  not  there  are  many  more  such,  in  order 
either  to  produce  their  total  removal,  or  to  run  up  the  expenses  of 
the  present  situation,  and  satisfy  Congress  that  the  nearer  they  are 
brought  to  the  commissary's  own  bed,  the  cheaper  they  will  be 
subsisted.  The  grain  made  in  the  western  counties  may  be 
brought  partly  in  wagons,  as  conveniently  to  this  as  to  any  other 
place ;  perhaps  more  so,  on  account  of  its  vicinity  to  one  of  the 
best  passes  through  the  Blue  Ridge ;  and  partly  by  water,  as  it  is 
near  to  James  river,  to  the  navigation  of  which,  ten  counties  are 
adjacent  above  the  falls.  When  I  said  that  the  grain  might  be 
brought  hither  from  all  the  counties  of  the  State,  adjacent  to  navi- 
gation, I  did  not  mean  to  say  it  would  be  proper  to  bring  it  from 
all.  On  the  contrary,  I  think  the  commissary  should  be  instruct- 
ed, after  the  next  harvest,  not  to  send  one  bushel  of  grain  to  the 
barracks  from  below  the  falls  of  the  rivers,  or  from  the  northern 
counties.  The  counties  on  tide  water  are  accessible  to  the  calls 
for  our  own  army.  Their  supplies  ought,  therefore,  to  be  husband- 
ed for  tliem.  The  counties  in  the  northwestern  parts  of  the 
State  are  not  only  within  reach  for  our  own  grand  army,  but  pecu- 
liarly necessary  for  the  support  of  Macintosh's  army ;  or  for  the 
support  of  any  other  northwestern  expedition,  which  the  uncertain 
conduct  of  the  Indians  should  render  necessary ;  insomuch,  that  if 
the  supplies  of  that  quarter  should  be  misapplied  to  any  other  pur- 
pose, it  would  destroy,  in  embryo,  every  exertion,  either  for  par- 
ticular or  general  safety  there.  The  counties  above  tide  water,  in 
the  middle  and  southern  and  western  parts  of  the  country,  are 
not  accessible  to  calls  for  either  of  those  purposes,  but  at  such  an 


159  ^ 

expense  of  transportation  as  the  article  would  not  bear.  He:^,' 
then,  is  a  great  field,  whose  supplies  of  bread  cannot  be  carried  to 
our  army,  or,  rather,  which  will  raise  no  supplies  of  bread,  because 
there  is  no  body  to  eat  them.  Was  it  not,  then,  wise  in  Congress 
to  remove  to  that  field  four  thousand  idle  mouths,  who  must  other- 
wise have  interfered  with  the  pasture  of  our  own  troops  B  And, 
if  they  are  removed  to  any  other  part  of  the  country,  wiU  it  not 
defeat  this  wise  purpose  ?  The  mills  on  the  waters  of  James  river, 
above  the  falls,  open  to  canoe  navigation,  are  very  many.  Some 
of  them  are  of  great  note,  as  manufacturers.  The  barracks  ai^e  sur- 
rounded by  mills.  There  are  five  or  six  round  about  Charlottesville. 
Any  two  or  three  of  the  whole  might,  in  the  course  of  the  winter, 
manufacture  flour  sufficient  for  the  year.  To  say  the  worst,  then, 
of  this  situation,  it  is  but  twelve  miles  wrong.  The  safe  custody 
of  these  troops  is  another  circumstance  worthy  consideration. 
Equally  removed  from  the  access  of  an  eastern  or  western  ene^ 
my ;  central  to  the  whole  State,  so  that,  should  they  attempt  an 
irruption  in  any  direction,  they  must  pass  through  a  great  extent  of 
hostile  country ;  in  a  neighborhood  thickly  inhabited  by  a  robust  and 
hardy  people,  zealous  in  the  American  cause,  acquainted  with  the 
use  of  arms,  and  the  defiles  and  passes  by  which  they  must  issue  . 
it  would  seem,  that  in  this  point  of  view,  no  place  could  have  been 
better  chosen. 

Their  health  is  also  of  importance.  I  would  not  endeavor  to 
shew  that  their  lives  are  valuable  to  us,  because  it  would  suppose 
a  possibility,  that  humanity  was  kicked  out  of  doors  in  America, 
and  interest  only  attended  to.  The  barracks  occupy  the  top  and 
brow  of  a  very  high  hill,  (you  have  been  untruly  told  they  were  in 
a  bottom.)  They  are  free  from  fog,  have  four  springs  which 
seem  to  be  plentiful,  one  within  twenty  yards  of  the  piquet,  two 
within  fifty  yards,  and  another  within  two  hundred  and  fifty,  and 
they  propose  to  sink  wells*within  the  piquet.  Of  four  thousand 
people,  it  should  be  expected,  according  to  the  ordinary  calcula- 
tions, that  one  should  die  every  day.  Yet,  in  the  space  of  near 
three  months,  there  have  been  but  four  deaths  among  them  ;  two 
infants  under  three  weeks  old,  and  two  others  by  apoplexy.  The 
officers  tell  me,  the  troops  were  never  before  so  healthy  since 
they  were  embodied. 

But  is  an  enemy  so  execrable,  that,  though  in  captivity,  his 
wishes  and  comforts  are  to  be  disregarded  and  even  crossed  ?  1 
think  not.  It  is  for  the  benefit  of  mankind  to  mitigate  the  horrors 
of  war  as  much  as  possible.  The  practice,  therefore,  of  modern 
nations,  of  treating  captive  enemies  with  politeness  and  generosity, 
is  not  only  delightful  in  contemplation,  but  really  interesting  to  all 


160 

the  world,  friends,  foes  and  neutrals.  Let  us  apply  this :  the  offi- 
cers, after  considerable  hardships,  have  all  procured  quarters,  com- 
fortable and  satisfactory  to  them.  In  order  to  do  this,  they  were 
obliged,  in  many  instances,  to  hire  houses  for  a  year  certain,  and 
at  such  exorbitant  rents,  as  were  sufficient  to  tempt  independent 
owners  to  go  out  of  them,  and  shift  as  they  could.  These  houses, 
in  most  cases.  Were  much  out  of  repair.  They  have  repaired 
hem  at  a  considerable  expense.  One  of  the  general  officers  has 
aken  a  place  for  two  years,  advanced  the  rent  for  the  whole  time, 
md  been  obliged,  moreover,  to  erect  additional  buildings  for  the 
iccommodation  of  part  of  his  family,  for  which  there  was  not  room 
n  the  house  rented.  Independent  of  the  brick  work,  for  the 
harpentry  of  these  additional  buildings,  I  know  he  is  to  pay  fifteen 
hundred  dollars.     The  same  gentleman,  to  my  knowledge,  has 

aid  to  one  person,  three  thousand  six  hundred  and  seventy  dol- 
ars,  for  different  articles  to  fix  himself  commodiously.     They 

ave  generally  laid  in  their  stocks  of  grain  and  other  provisions, 
or  it  is  well  known  that  officers  do  not  live  on  their  rations.    They 

ave  purchased  cows,  sheep,  he.  set  in  to  farming,  prepared  their 
gardens,  and  have  a  prospect  of  comfort  and  quiet  before  them. 
To  turn  to  the  soldiers  :  the  environs  of  the  barracks  are  delight- 
ul,  the  ground  cleared,  laid  off  in  hundreds  of  gardens,  each  en- 
closed in  its  separate  paling  ;  these  well  prepared,  and  exhibiting 
I  fine  appearance.  General  Riedezel,  alone,  laid  out  upwards  of 
wo  hundred  pounds  in  garden  seeds,  for  the  German  troops  only, 
hidge  what  an  extent  of  ground  these  seeds  would  cover.  There 
s  little  doubt  that  their  own  gardens  will  furnish  them  a  great 
ibundance  of  vegetables  through  the  year.  Their  poultry,  pi- 
geons and  other  preparations  of  that  kind,  present  to  the  mind  the 
dea  of  a  company  of  farmers,  rather  than  a  camp  of  soldiers.  In 
iddition  to  the  barracks  built  for  them  by  the  public,  and  now  very 
comfortable,  they  have  built  great  numbers  for  themselves,  in  such 
nesses  as  fancied  each  other  :  and  the  whole  corps,  both  officers 
md  men,  seem  now  happy  and  satisfied  with  their  situation. 
Saving  thus  found  the  art  of  rendering  captivity  itself  comfortable, 
md  carried  it  into  execution,  at  their  own  great  expense  and  la- 
3or,  their  spirits  sustained  by  the  prospect  of  gratifications  rising 
3efore  their  eyes,  does  not  every  sentiment  of  humanity  revolt 
igainst  the  proposition  of  stripping  them  of  all  this,  and  removing 
hem  into  new  situations,  where,  from  the  advanced  season  of  the 
^ear,  no  preparations  can  be  made  for  carrying  themselves  com- 
fortably through  the  heats  of  summer  ;  and  when  it  is  known  that 
the  necessary  advances  for  the  conveniences  already  provided, 
have  exhausted  their  funds  and  left  them  unable  to  make  the  like 


161 

exertions  anew.  Again  ;  review  this  matter,  as  it  may  regard  ap- 
pearances. A  body  of  troops,  after  staying  a  twelvemonth  at 
Boston,  are  ordered  to  take  a  march  of  seven  hundred  miles  to 
Virginia,  where,  it  is  said,  they  may  be  plentifully  subsisted.  As 
soon  as  they  are  there,  they  are  ordered  on  some  other  march, 
because,  in  Virginia,  it  is  said,  they  can  not  be  subsisted.  Indif- 
ferent nations  will  charge  this  either  to  ignorance,  or  to  whim  and 
caprice  ;  the  parties  interested,  to  cruelty.  They  now  view  the 
proposition  in  that  light,  and  it  is  said,  there  is  a  general  and  firm 
persuasion  among  them,  tliat  they  were  marched  from  Boston 
with  no  other  purpose  than  to  harass  and  destroy  them  with  eter- 
nal marches.  Perseverance  in  object,  though  not  by  the  most 
direct  way,  is  often  more  laudable  than  perpetual  changes,  as 
often  as  the  object  shifts  light.  A  character  of  steadiness  in  our 
councils,  is  worth  more  than  the  subsistence  of  four  thousand 
people. 

There  could  not  have  been  a  more  unlucky  concurrence  of  cir- 
cumstances than  when  these  troops  first  came.  The  barracks  were 
unfinished  for  want  of  laborers,  the  spell  of  weather  the  worst  ever 
known  within  the  memory  of  man,  no  stores  of  bread  laid  in,  the 
roads,  by  the  weather  and  number  of  wagons,  soon  rendered  im- 
passable :  not  only  the  troops  themselves  were  greatly  disappointed, 
but  the  people  in  the  neighborhood  were  alarmed  at  the  conse- 
quences which  a  total  failure  of  provisions  might  produce.  In  this 
worst  state  of  things,  their  situation  was  seen  by  many  and  disse- 
minated through  the  country,  so  as  to  occasion  a  general  dissatis- 
faction, w^hich  even  seized  the  minds  of  reasonable  men,  who,  if 
not  infected  with  the  contagion,  must  have  foreseen  that  the  pro- 
spect must  brighten,  and  that  great  advantages  to  the  people  must 
necessarily  arise.  It  has,  accordingly,  so  happened.  The  planters, 
being  more  generally  sellers  than  buyers,  have  felt  the  benefit  of 
their  presence  in  the  most  vital  part  about  them,  their  purses,  and 
are  now  sensible  of  its  source.  I  have  too  good  an  opinion  of  their 
love  of  order,  to  believe  that  a  removal  of  these  troops  would  pro- 
duce any  irregular  proofs  of  their  disapprobation,  but  I  am  well 
assured  it  would  be  extremely  odious  to  them. 

To  conclude.  The  separation  of  these  troops  would  be  a 
breach  of  public  faidi,  therefore,  I  suppose  it  impossible  ;  if  they 
are  removed  to  another  State,  it  is  the  fault  of  the  commissaries ; 
if  they  are  removed  to  any  other  part  of  the  State,  it  is  the  fault 
of  the  commissaries ;  and  in  both  cases,  the  public  interest  and 
public  security  suffer,  the  comfortable  and  plentiful  subsistence  of 
Our  own  army  is  lessened,  the  health  of  the  troops  neglected,  their 
wishes  crossed,  and  their  comforts  torn  from  them,  the  character 

VOL.    I.  21 


162 

of  whim  and  caprice,  or,  what  is  worse,  of  cruelty,  fixed  on  us  as 
a  nation,  and,  to  crown  the  whole,  our  own  people  disgusted  with 
such  a  proceeding. 

I  have  tlius  taken  the  liberty  of  representing  to  you  the  facts 
and  the  reasons,  which  seem  to  militate  against  the  separation  or 
removal  of  these  troops.  I  am  sensible,  however,  that  the  same 
subject  may  appear  to  different  persons,  in  very  different  lights. 
What  I  have  urged  as  reasons,  may,  to  sounder  minds,  be  apparent 
fallacies.  I  hope  they  will  appear,  at  least,  so  plausible,  as  to  ex- 
cuse the  interposition  of 

your  Excellency's 

most  obedient 

and  most  humble  servant, 

Th:  Jefferson. 


LETTER  VI. 
TO   JOHN    PAGE. 

Williamsburg,  January  22, 1779. 

Dear  Page, 
I  received  your  letter  by  Mr.  Jamieson.  It  had  given  me  much 
pain,  that  the.  zeal  of  our  respective  friends,  should  ever  have 
placed  you  and  me  in  the  situation  of  competitors.  I  was  com- 
forted, however,  with  the  reflection,  that  it  was  their  competition, 
not  ours,  and  that  the  difference  of  the  numbers  which  decided 
between  us,  was  too  insignificant  to  give  you  a  pain,  or  me  a  plea- 
sure, had  our  dispositions  towards  each  other,  been  such  as  to  admit 
those  sensations.  I  know  you  too  well  to  need  an  apology  for  any 
thing  you  do,  and  hope  you  will  forever  be  assured  of  this ;  and  as 
to  the  constructions  of  the  world,  they  would  only  have  added  one 
to  the  many  sins  for  which  they  are  to  go  to  the  devil.  As  this  is 
the  first,  I  hope  it  will  be  the  last,  instance  of  ceremony  between 
us.  A  desire  to  see  my  family,  which  is  in  Charles  City,  carries 
me  tliither  to-morrow,  and  I  shall  not  return  till  Monday.  Be 
pleased  to  present  my  compliments  to  Mrs.  Page,  and  add  this  to 
the  assurances  I  have  ever  given  you,  that  I  am,  dear  Page, 

your  affectionate  friend, 

Th:  Jefferson. 


163 


LETTER  VII. 

TO    HIS    EXCELLENCY    GENERAL    WASHINGTON. 

Williamsburg,  June  23, 1779. 
Sir, 

I  have  the  pleasure  to  enclose  you  the  particulars  of  ^Colonel 
Clarke's  success  against  St.  Vincennes,  as  stated  in  his  letter  but 
lately  received ;  the  messenger,  with  his  first  letter,  having  been 
killed.  I  fear  it  will  be  impossible  for  Colonel  Clarke  to  be  so 
strengthened,  as  to  enable  him  to  do  what  he  desires.  Indeed, 
the  express  who  brought  this  letter,  gives  us  reason  to  fear,  St. 
Vincennes  is  in  danger  from  a  large  body  of  Indians,  collected 
to  attack  it,  and  said,  when  he  came  from  Kaskaskias,  to  be  within 
thirty  leagues  of  the  place.  I  also  enclose  you  a  letter  from  Co- 
lonel Shelby,  stating  the  effect  of  his  success  against  the  seceding 
Cherokees,  and  Chuccamogga.  The  damage  done  them,  was 
killing  half  a  dozen,  burning  eleven  towns,  twenty  thousand  bush- 
els of  corn,  collected  probably  to  forward  the  expeditions  which 
were  to  have  been  planned  at  the  council  which  was  to  meet  Go- 
vernor Hamilton  at  the  mouth  of  Tennessee,  and  taking  as  many 
goods  as  sold  for  twenty-five  thousand  pounds.  I  hope  these  two 
blows  coming  together,  and  the  depriving  them  of  their  head, 
will,  in  some  measure,  effect  the  quiet  of  our  frontiers  this  sum- 
mer. We  have  intelligence,  also,  that  Colonel  Bowman,  from 
Kentucky,  is  in  the  midst  of  the  Shawnee  country,  with  three 
hundred  men,  and  hope  to  hear  a  good  account  of  him.  The 
enclosed  order,  being  in  its  nature  important,  and  generally  inte- 
resting, I  think  it  proper  to  transmit  it  to  you,  with  the  reasons  sup- 
porting it.*  It  will  add  much  to  our  satisfaction,  to  know  it  meets 
your  approbation. 

I  have  the  honor  to  be,  with  every  sentiment  of  private  respect 
and  public  gratitude, 

Sir,  your  most  obedient,  and 

most  humble  servant, 

Th:  Jefferson. 

P.  S.  The  distance  of  our  northern  and  western  counties,  from 
the  scene  of  southern  service,  and  the  necessity  of  strengthening  our 
western  quarter,  have  induced  the  Council  to  direct  the  new  levies 
from  the  counties  of  Yohogania,  Ohio,  Monongalia,  Frederick, 
Hampshire,  Berkeley,  Rockingham,  and  Greenbrier,  amounting 

I*  For  the  letter  of  Colonel  Clarke,  and  the  order  referred  to,  see  Appendix, 
note  A.] 


164 

to  somewhat  less  than  three  hundred  men,  to  enter  into  the  ninth 
regiment  at  Pittsburg.  The  aid  they  may  give  there,  will  be  so 
immediate  and  important,  and  what  they  could  do  to  the  south- 
ward, would  be  so  late,  as,  I  hope,  will  apologise  for  their  inter- 
ference. T.  J. 


LETTER  VIII. 
TO  HIS  EXCELLENCY  GENERAL  WASHINGTON. 

Williamsburg,  July  17,  1779. 

Sir, 
I  some  time  ago,  enclosed  to  you  a  printed  copy  of  an  order  of 
Council,  by  which  Governor  Hamilton  was  to  be  confined  in  irons, 
in  close  jail,  which  has  occasioned  a  letter  from  General  Phillips, 
of  which  the  enclosed  is  a  copy.  The  General  seems  to  think 
that  a  prisoner  on  capitulation,  cannot  be  put  in  close  confinement, 
tliough  his  capitulation  should  not  have  provided  against  it.  My 
idea  was,  th*t  all  persons  taken  in  war,  were  to  be  deemed  pri- 
soners of  war.  That  diose  who  surrender  on  capitulation  (or 
convention)  are  prisoners  of  war  also,  subject  to  the  same  treat- 
ment with  those  who  surrender  at  discretion,  except  only  so  far 
as  the  terms  of  their  capitulation  or  convention  shall  have  guarded 
them.  In  the  capitulation  of  Governor  Hamilton  (a  copy  of  which 
I  enclose,)  no  stipulation  is  made  as  to  the  treatment  of  himself, 
or  those  taken  with  him.  The  Governor,  indeed,  when  he  signs, 
adds  a  flourish  of  reasons  inducing  him  to  capitulate,  one  of  which 
is  the  generosity  of  his  enemy.  Generosity,  on  a  large  and  com- 
prehensive scale,  seems  to  dictate  the  making  a  signal  example  of 
this  gentleman  ;  but  waving  that,  these  are  only  the  private  mo- 
tives inducing  him  to  surrender,  and  do  not  enter  into  the  contract 
of  Colonel  Clarke.  I  have  the  highest  idea  of  those  contracts 
which  take  place  between  nation  and  nation,  at  war,  and  would  be 
the  last  on  earth  to  do  any  thing  in  violation  of  them.  I  can  find 
nothing  in  those  books  usually  recurred  to  as  testimonials  of  the 
laws  and  usages  of  nature  and  nations,  which  convicts  the  opinions 
I  have  above  expressed  of  error.  Yet  there  may  be  such  an 
usage  as  General  Phillips  seems  to  suppose,  though  not  taken  no- 
tice of  by  these  writers.  I  am  obliged  to  trouble  your  Excellency 
on  this  occasion,  by  asking  of  you  information  on  this  point.  There 
is  no  other  person,  whose  decision  will  so  authoritatively  decide 
rhis  doubt  in  the  public  mind,  and  none  with  which  I  am  disposed 


165 

so  implicitly  lo  comply.  If  you  shall  be  of  opinion,  that  the  bare 
existence  of  a  capitulation,  in  the  case  of  Governor  Hamilton, 
privileges  him  from  confinement,  though  there  be  no  article  to  that 
effect  in  the  capitulation,  justice  shall  most  assuredly  be  done  him. 
The  importance  of  this  point,  in  a  public  view,  and  my  own 
anxiety  under  a  charge  of  violation  of  national  faith  by  the  Execu- 
tive of  this  Commonwealth,  will,  I  hope,  apologise  for  my  adding 
this  to  the  many  troubles  with  which  I  know  you  to  be  burdened. 
I  have  the  honor  to  be,  with  the  most  profound  respect, 
your  Excellency's  most  obedient, 

and  most  humble  servant, 

Th:  Jefferson. 

P.  S.  I  have  just  received  a  letter  from  Colonel  Bland,  con- 
taining information  of  numerous  desertions  from  the  Convention 
troops,  not  less  than  four  hundred  in  the  last  fortnight.  He  thinks 
he  has  reason  to  believe,  it  is  with  the  connivance  of  some  of  their 
officers.  Some  of  these  have  been  retaken,  all  of  tliem  going 
northwardly.  They  had  provided  themselves  with  forged  passports, 
and  with  certificates  of  having  taken  the  oath  of  fidelity  to  the 
State  ;  some  of  them  forged,  others  really  given  by  weak  magis- 
trates. I  give  this  information  to  your  Excellencyi-as,  perhaps,  it 
may  be  in  your  power  to  have  such  of  them  intercepted  as  shall 
be  passing  through  Pennsylvania  and  Jersey. 

Your  letter  enclosing  the  opinion  of  the  board  of  war  in  the 
case  of  Allison  and  Lee,  has  come  safe  to  hand,  after  a  long  pas- 
sage.     It  shall  be  answered  by  next  post.  T.  J. 


LETTER  IX. 

TO  HIS  EXCELLENCY  GENERAL  WASHINGTON. 

Williamsburg,  October  1,  1779. 
Sir, 

On  receipt  of  your  letter  of  August  6th,  during  my  absence, 
the  Council  had  tlie  irons  taken  off  the  prisoners  of  war.  When 
your  advice  was  asked,  we  meant  it  should  decide  with  us;  and 
upon  my  return  to  Williamsburg,  the  matter  was  taken  up  and  the 
enclosed  advice  given.*  A  parole  was  formed,  of  which  tlie  en- 
closed is  a  copy,  and  tendered  to  the  prisoners.  They  objected 
to  that  part  of  it,  which  restrained  them  from  saying  any  thing  to 

["*  Sec  Appendix,  note  B.] 


166 

the  prejudice  of  the  United  States,  and  insisted  on  *  freedom  of 
speech.'  They  were,  in  consequence,  remanded  to  their  con- 
finement in  the  jail,  which  must  be  considered  as  a  voluntary  one, 
until  they  can  determine  with  themselves  to  be  inoffensive  in  word 
as  well  as  deed.  A  flag  sails  hence  to-morrow  to  New  York,  to 
negotiate  the  exchange  of  some  prisoners.  By  her,  I  have  written 
to  General  Phillips  on  this  subject,  and  enclosed  to  him  copies  of 
the  within  ;  intending  it  as  an  answer  to  a  letter  I  received  from 
him  on  the  subject  of  Governor  Hamilton.  I  have  the  honor  to 
be,  Sir, 

your  most  obedient, 

and  most  humble  servant, 

Th:  Jefferson. 


LETTER  X. 
TO  HIS  EXCELLENCY  GENERAL  WASHINGTON. 

^  Williamsburg,  Oct.  2,  1779. 

Sir, 

Just  as  the  letter  accompanying  this  was  going  off.  Colonel  Ma- 
thews arrived  on  parole  from  New  York,  by  the  way  of  head 
quarters,  bringing  your  Excellency's  letter,  on  his  subject,  with  that 
of  the  British  commissary  of  prisoners.  The  subject  is  of  great 
importance,  and  I  must,  therefore,  reserve  myself  to  answer  after 
further  consideration.  Were  I  to  speak  from  present  impressions, 
I  should  say  it  was  happy  for  Governor  Hamilton,  that  a  final  de- 
termination of  his  fate  was  formed  before  this  new  information. 
As  the  enemy  have  released  Captain  Willing  from  his  irons,  the 
Executive  of  this  State  will  be  induced,  perhaps,  not  to  alter  their 
former  opinion.  But  it  is  impossible  they  can  be  serious  in  attempt- 
ing to  bully  us  in  this  manner.  We  have  too  many  of  their  subjects 
in  our  power,  and,  too  much  iron  to  clothe  them  with,  and  I  will 
add,  too  much  resolution,  to  avail  ourselves  of  both,  to  fear  their 
pretended  retaliation.  However,  I  will  do  myself  the  honor  of 
forwarding  to  your  Excellency,  the  ultimate  result  of  Council  on 
this  subject. 

In  consequence  of  the  information  in  the  letter  from  the  British 
commissary  of  prisoners,  that  no  officers  of  the  Virginia  line, 
should  be  exchanged  till  Governor  Hamilton's  affair  should  be 
settled,  we  have  stopped  our  flag,  which  was  just  hoisting  anchor 
with  a  load  of  privates  for  New  York.     I  must,  therefore,  ask  the 


167 

favor  of  your  Excellency  to  forward  the  enclosed  by  flag,  when 
an  opportunity  offers,  as  I  suppose  General  Phillips  wUl  be  in 
New  York  before  it  reaches  you.     I  have  the  honor  to  be,  Sir, 
with  the  greatest  esteem, 

your  most  obedient,  and 
'  most  humble  servant,    . 

Th:  Jefferson. 


LETTER  XI. 
TO    HIS    EXCELLENCY    GENERAL   WASHINGTON. 

In  Council,  Oct.  8, 1779. 

Sir, 

In  mine  of  the  second  of  the  present  month,  written  in  the 
instant  of  Colonel  Mathews'  delivery  of  your  letter,  I  informed  you 
what  had  been  done  on  the  subject  of  Governor  Hamilton  and 
his  companions,  previous  to  that  moment.  I  now  enclose  you  an 
advice  of  Council,*  in  consequence  of  the  letter  you  were  pleased 
to  enclose  me,  from  the  British  commissary  of  prisoners,  with 
one  from  Lord  Rawdon ;  also  a  copy  of  my  letter  to  Colonel 
Mathews,  enclosing,  also,  the  papers  therein  named.  The  advice 
of  Council  to  allow  the  enlargement  of  prisoners,  on  their  giving 
a  proper  parole,  has  not  been  recalled,  nor  will  be,  I  suppose, 
unless  something  on  the  part  of  the  enemy  should  render  it  neces- 
sary. I  rather  expect,  however,  that  they  will  see  it  their  interest 
to  discontinue  this  kind  of  conduct.  I  am  afraid  I  shall  hereafter, 
perhaps,  be  obliged  to  give  your  Excellency  some  trouble  in  aid- 
ing me  to  obtain  information  of  the  future  usage  of  our  prisoners. 
I  shall  give  immediate  orders  for  having  in  readiness,  every  engine 
which  the  enemy  have  contrived  for  the  destruction  of  our  un- 
happy citizens,  captivated  by  them.  The  presentiment  of  these 
operations,  is  shocking  beyond  expression.  I  pray  heaven  to  avert 
them :  but  nothing  in  this  world  will  do  it,  but  a  proper  conduct 
in  the  enemy.  In  every  event,  I  shall  resign  myself  to  the  hard 
necessity  under  which  I  shall  act. 

I  have  the  honor  to  be,  with  great  regard  and  esteem, 

^  your  Excellency's 

most  obedient,  and 

most  humble  servant, 

Th:  Jefferson. 

["  Sec  Appendix,  note  C] 


168 

LETTER  XII. 
TO    COLONEL   MATHEWS. 

In  Council,  October,  1779. 

Sir,  * 

The  proceedings  respecting  Governor  Hamilton  and  his  com- 
panions, previous  to  your  arrival  here,  you  are  acquainted  with. 
For  your  more  precise  information,  I  enclose  you  the  advice  of 
Council,  of  June  the  16th,  of  that  of  August  the  28th,  another  of 
September  the  19th,  on  the  parole  tendered  them  the  1st  instant, 
and  Governor  Hamilton's  letter  of  the  same  day,  stating  his  objec- 
tions, in  which  he  persevered  :  from  that  time  his  confinement  has 
become  a  voluntary  one.  You  delivered  us  your  letters  the  next 
day,  when  the  post  being  just  setting  out,  much  business  prevented 
the  Council  from  taking  them  into  consideration.  They  have  this 
day  attended  to  them,  and  found  their  resolution  expressed  in  the 
enclosed  advice  bearing  date  this  day.  It  gives  us  great  pain  that 
any  of  our  countrymen  should  be  cut  off  from  the  society  of  their 
friends  and  tenderest  connections,  while  it  seems  as  if  it  was  in 
our  power  to  administer  relief.  But  we  trust  to  their  good  sense 
for  discerning,  and  their  spirit  for  bearing  up  against  the  fallacy  of 
this  appearance.  Governor  Hamihon  and  his  companions  were 
imprisoned  and  ironed,  1st.  In  retaliation  for  cruel  treatment  of 
our  captive  citizens  by  the  enemy  in  general.  2nd.  For  the  bar- 
barous species  of  warfare  which  himself  and  his  savage  allies 
carried  on  in  our  western  frontier.  3rd.  For  particular  acts  of 
barbarity,  of  which  he  himself  was  personally  guilty,  to  some  of 
our  citizens  in  his  power.  Any  one  of  these  charges  was  sufficient 
to  justify  the  measures  we  took.  Of  the  truth  of  the  first,  your- 
selves are  witnesses.  Your  situation,  indeed,  seems  to  have  been 
better  since  you  were  sent  to  New  York ;  but  reflect  on  what  you 
suiFered  before  that,  and  knew  others  of  your  countrymen  to  suf- 
fer, and  what  you  know  is  now  suffered  by  that  more  unhappy 
part  of  them,  who  are  still  confined  on  board  the  prison  ships  of 
the  enemy.  Proofs  of  the  second  charge,  we  have  under  Hamil- 
ton's own  hand  :  and  of  the  third,  as  sacred  assurances  as  human 
testimony  is  capable  of  giving.  Humane  conduct  on  our  part,  was 
found  to  produce  no  effect ;  the  contrary,  therefore,  was  to  be 
tried.  If  it  produces  a  proper  lenity  to  our  citizens  in  captivity, 
it  will  have  the  effect  we  meant ;  if  it  does  not,  we  shall  return  a 
severity  as  terrible  as  universal.  If  the  causes  of  our  rigor 
against  Hamilton,  were  founded  in  truth,  that  rigor  was  just, 
and  would  not  give  right  to  the   enemy  to  commence  any  new 


169 

hostilities  on  their  part :  and  all  such  new  severities  are  to  be  con- 
sidered, not  as  retaliation,  but  as  original  and  unprovoked.  If 
those  causes  were  not  founded  in  truth,  they  should  have  denied 
them.  If,  declining  the  tribunal  of  truth  and  reason,  they  choose 
to  pervert  this  into  a  contest  of  cruelty  and  destruction,  we  will 
contend  with  them  in  that  line,  and  measure  out  misery  to  those 
in  our  power,  in  that  multiplied  proportion  which  the  advantage  of 
superior  numbers  enables  us  to  do.  We  shall  think  it  our  parti- 
cular duty,  after  the  information  we  gather  from  the  papers  which 
have  been  laid  before  us,^to  pay  very  constant  attention  to  your 
situation  and  that  of  your  fellow  prisoners.  We  hope  that  the 
prudence  of  the  enemy  will  be  your  protection  from  injury ;  and 
we  are  assured  that  your  regard  for  the  honor  of  your  country, 
would  not  permit  you  to  wish  we  should  suffer  ourselves  to  be 
bullied  into  an  acquiescence,  under  every  insult  and  cruelty  they 
may  choose  to  practice,  and  a  fear  to  retaliate,  lest  you  should  be 
made  to  experience  additional  sufferings.  Their  officers  and  sol- 
diers in  our  hands,  are  pledges  for  your  safety  :  we  are  determined 
to  use  them  as  such.  Iron  will  be  retaliated  by  iron,  but  a  great 
multiplication  on  distinguished  objects ;  prison  ships  by  prison  ships, 
and  like  for  like  in  general.  I  do  not  mean  by  this  to  cover  any 
officer  who  has  acted,  or  shall  act  improperly.  They  say  Captain 
Willing  was  guilty  of  great  cruelties  at  the  Natches ;  if  so,  they  do 
right  in  punishing  him.  I  would  use  any  powers  I  have,  for  the 
punishment  of  any  officer  of  our  own,  wlio  should  be  guilty  of 
excesses  unjustifiable  under  the  usages  of  civilized  nations.  How- 
ever, I  do  not  find  myself  obliged  to  beheve  the  charge  against 
Captain  Willing  to  be  true,  on  the  affirmation  of  the  British  com- 
missary, because,  in  the  next  breath,  he  affirms  no  cruelties  have 
as  yet  been  inflicted  on  him.  Captain  Willing  has  been  in  irons. 
I  beg  you  to  be  assured,  there  is  nothing,  consistent  with  the 
honor  of  your  country,  which  we  shall  not,  at  all  times,  be  ready 
to  do  for  the  relief  of  yourself  and  companions  in  captivity.  We 
know,  that  ardent  spirit  and  hatred  for  tyranny  which  brought  you 
into  your  present  situation,  will  enable  you  to  bear  up  against  it 
with  the  firmness  which  has  distinguished  you  as  a  soldier,  and  to 
look  forward  with  pleasure  to  the  day,  when  events  shall  take 
place,  against  which,  the  wounded  spirits  of  your  enemies  will  find 
no  comfort,  even  from  reflections  on  the  most  refined  of  the  cru- 
elties with  which  they  have  glutted  themselves. 

I  am,  with  great  respect, 

your  most  obedient,  and 

most  humble  servant, 

Th:  Jeffersont. 

VOL.  I.  22 


170 


LETTER    XIII. 

TO    HIS    EXCELLENCY    GENERAL   WASHINGTON. 

Williamsburg,  November  28,  1779. 
Sir, 

Your  Excellency's  letter  on  the  discriminations  which  have 
been  heretofore  made,  between  the  troops  raised  within  this  State, 
and  considered  as  part  of  our  quota,  and  those  not  so  considered, 
was  delivered  me  four  days  ago.  I  immediately  laid  it  before  the 
Assembly,  who  thereupon  came  to  the  resolution  I  now  do  myself 
the  honor  of  enclosing  you.  The  resolution  of  Congress,  of  March 
15th,  1779,  which  you  were  so  kind  as  to  enclose,  was  never 
known  in  this  State  till  a  few  weeks  ago,  when  we  received  print- 
ed copies  of  the  Journals  of  Congress.  It  would  be  a  great  satis- 
faction to  us,  to  Receive  an  exact  return  of  all  the  men  we  have  in 
Continental  service,  who  come  within  the  description  of  the  resolu- 
tion, together  with  our  State  troops  in  Continental  service.  Colonel 
Cabell  was  so  kind  as  to  send  me  a  return  of  the  Continental 
regiments,  commanded  by  Lord  Sterling,  of  the  first  and  second 
Virginia  State  regiments,  and  of  Colonel  Gist's  regiment.  Be- 
sides these  are  the  following ;  viz.  Colonel  Harrison's  regiment  of 
artillery,  Colonel  Bayler's  horse.  Colonel  Bland's  horse.  General 
Scott's  new  levies,  part*of  which  are  gone  to  Carolina,  and  part 
are  here.  Colonel  Gibson's  regiment  stationed  on  the  Ohio,  Heath 
and  Ohara's  independent  companies  at  the  same  stations.  Colonel 
Taylor's  regiment  of  guards  to  the  Convention  troops  :  of  these, 
we  have  a  return.  There  may,  possibly,  be  others  not  occurring 
to  me.  A  return  of  all  these  would  enable  us  to  see  what  pro- 
portion of  the  Continental  army,  is  contributed  by  us.  We  have, 
at  present,  very  pressing  calls  to  send  additional  numbers  of  men 
to  the  soudiward.  No  inclination  is  wanting  in  either  the  Legis- 
lature or  Executive,  to  aid  them  or  strengthen  you :  but  we  find  it 
very  difficult  to  procure  men.  I  herewith  transmit  to  your  Ex- 
cellency some  recruiting  commissions,  to  be  put  into  such  hands 
as  you  may  think  proper,  for  re-enlisting  such  of  our  soldiery  as 
are  not  already  engaged  for  the  war.  The  Act  of  Assembly  au- 
thorising these  instructions,  requires  that  the  men  enlisted,  should 
be  reviewed  and  received  by  an  officer  to  be  appointed  for  that 
purpose ;  a  caution,  less  necessary  in  the  case  of  men  now  actually 
in  service,  and,  therefore,  doubtless,  able  bodied,  than  in  the  raising 
new  recruits.      The  direction,  however,  goes  to  all  cases,  and^ 


171 

llierefore,  we  must  trouble  your  Excellency  with  the  appointment 
of  one  or  more  officers  of  review.  Mr.  Moss,  our  agent,  receives 
orders  which  accompany  this,  to  pay  the  bounty  money  and  re- 
cruiting money,  and  to  deliver  the  clothing.  We  have,  however, 
certain  reason  to  fear  he  has  not  any  great  sum  of  money  on  hand: 
and  it  is  absolutely  out  of  our  power,  at  this  time,  to  supply  him, 
or  to  say,  with  certainty,  when  we  shall  be  able  to  do  it.  He  is 
instructed  to  note  his  acceptances  under  the  draughts,  and  to  as- 
sure payment  as  soon  as  we  shall  have  it  in  our  power  to  furnish 
him,  as  the  only  substitute  for  money.  Your  Excellency's  direc- 
tions to  the  officer  of  review,  will  probably  procure  us  the  satisfac- 
tion of  being  informed,  from  time  to  time,  how  many  men  shall  be 
re-enlisted. 

By  Colonel  Mailiews,  I  informed  your  Excellency  fully  of  tlie 
situation  of  Governor  Hamilton,  and  his  companions.  Lamothe 
and  Dejean  have  given  their  paroles,  and  are  at  Hanover  Court- 
House  :  Hamilton,  Hay  and  others,  are  still  obstinate ;  therefore, 
still  in  close  confinement,  though  their  irons  have  never  been  on, 
since  your  second  letter  on  the  subject.  I  wrote  full  information 
of  this  matter  to  General  Pliillips  also,  from  whom  I  had  received 
letters  on  the  subject.  I  cannot,  in  reason,  believe,  that  the  enemy, 
on  receiving  this  information,  either  from  yourself  or  General 
Phillips,  will  venture  to  impose  any  new  cruelties  on  our  officers 
in  captivity  with  them.  Yet  their  conduct,  hitherto,  has  been 
most  successfully  prognosticated  by  reversing  the  conclusions  of 
right  reason.  It  is,  therefore,  my  duty,  as  well  as  it  was  my  pro- 
mise to  the  Virginia  captives,  to  take  measures  for  discovering  any 
change  which  may  be  made  in  their  situation.  For  this  purpose, 
I  must  apply  for  your  Excellency's  interposition.  I  doubt  not  but 
you  have  an  established  mode  of  knowing,  at  all  times,  through 
your  commissary  of  prisoners,  the  precise  state  of  those  in  the 
power  of  the  enemy.  I  must,  therefore,  pray  you  to  put  into  mo- 
tions, any  such  means  you  have,  for  obtaining  knowledge  of  the 
situation  of  the  Virginia  officers  in  captivity.  If  you  should  think 
proper,  as  I  could  wish,  to  take  upon  yourself  to  retaliate  any  new 
sufferings  which  may  be  imposed  on  them,  it  will  be  more  likely 
to  have  due  weight,  and  to  restore  the  unhappy  on  both  sides,  to 
that  benevolent  treatment  for  which  all  should  wish. 
I  have  the  honor  to  be,  he.  he. 

Th:  Jefferson. 


172 

LETTER    XIV. 
TO    HIS    EXCELLENCY    GENERAL    WASHINGTON. 

Williamsburg,  December  10, 1770. 

Sir, 

I  take  the  liberty  of  putting  under  cover  to  your  Excellency, 
some  letters  to  Generals  Phillips  and  Reidezel,  uninformed  whe- 
ther they  are  gone  into  New  York  or  not,  and  knowing  that  you 
can  best  forward  them  in  either  case. 

I  also  trouble  you  with  a  letter  from  the  master  of  the  flag  in 
this  State,  to  the  British  commissary  of  prisoners  in  New  York, 
trusting  it  will  thus  be  more  certainly  conveyed  than  if  sent  to  Mr. 
Adams.  It  is  my  wish  the  British  commissary  should  return  his 
answer  through  your  Excellency,  or  your  commissary  of  priso- 
ners, and  that  they  should  not  propose,  under  this  pretext,  to  send 
another  flag,  as  the  mission  of  the  present  flag  is  not  unattended 
with  circumstances  of  suspicion  ;  and  a  certain  information  of  the 
situation  of  ourselves  and  our  allies  here,  might  influence  the  mea- 
sures of  the  enemy. 

Perhaps  your  commissary  of  prisoners  can  effect  the  former 
method  of  answer. 

I  enclose  to  you  part  df  an  Act  of  Assembly  ascertaining  the 
quantity  of  land,  which  shall  be  allowed  to  the  officers  and  soldiers 
at  the  close  of  the  war,  and  providing  means  of  keeping  that 
country  vacant  which  has  been  allotted  for  them. 

I  am  advised  to  ask  yoyr  Excellency's  attention  to  the  case  of 
Colonel  Bland,  late  commander  of  the  barracks  in  Albemarle. 
When  that  gentleman  was  appointed  to  that  command,  he .  attend- 
ed the  Executive  here,  and  informed  them,  he  must  either  de- 
cline it,  or  be  supported  in  such  a  way  as  would  keep  up  that 
respect  which  was  essential  to  his  command ;  without,  at  the  same 
tMie,  ruining  his  private  fortune. 

The  Executive  were  sensible  he  would  be  exposed  to  great 
and  unavoidable  expense  :  they  observed,  his  command  would  be 
in  q^  department  separate  from  any  other,  and  that  he  actually  re- 
lieved a  Major  General  from  the  same  service.  They  did  not 
think  themselves  authorised  to  say  what  should  be  done  in  this 
case,  but  undertook  to  represent  the  matter  to  Congress,  and,  in 
the  mean  time,  gave  it  as  their  opinion  that  he  ought  to  be  allowed  a 
decent  table.  On  this,  he  undertook  the  office,  and  in  the  course  - 
of  it  incurred  expenses  which  seemed  to  have  been  unavoidable, 
unless  he  would  have  lived  in  such  a  way  as  is  hardly  reconcile- 


173 

able  to  the  spirit  of  an  officer,  or  the  reputation  of  tliose  in  whose 
service  he  is.  Governor  Henry  wrote  on  the  subject  to  Congress ; 
Colonel  Bland  did  the  same  ;  but  we  learn  they  have  concluded 
the  allowance  to  be  unprecedented,  and  inadmissible  in  the  case 
of  an  officer  of  his  rank.  The  commissaries,  on  this,  have  called 
on  Colonel  Bland  for  reimbursement.  A  sale  of  his  estate  was 
about  to  take  place,  when  we  undertook  to  recommend  to  them  to 
suspend  dieir  demand,  till  we  could  ask  the  favor  of  you  to  advo- 
cate this  matter  so  far  with  Congress,  as  you  may  think  it  right ; 
otherwise  the  ruin  of  a  very  w^ortliy  officer  must  inevitably  follow. 
I  have  the  honor  to  be,  with  the  greatest  respect  and  esteem, 
your  Excellency's 

most  obedient  servant, 

Th:  Jefferson. 


LETTER    XV. 
TO    HIS    EXCELLENCY    GENERAL    WASHINGTON. 

Williamsburg,  February  10,  1780. 

Sir, 

It  is  possible  you  may  have  heard,  that  in  the  course  of  last 
summer  an  expedition  was  meditated,  by  our  Colonel  Clarke, 
against  Detroit :  that  he  had  proceeded  so  far  as  to  rendezvous 
a  considerable  body  of  Indians,  I  believe  four  or  five  thousand,  at 
St.  Vincennes ;  but,  being  disappointed  in  the  number  of  whites 
he  expected,  and  not  choosing  to  rely  prmcipally  on  the  Indians,  he 
was  obliged  to  decline  it.  We  have  a  tolerable  prospect  of  rein- 
forcing him  this  spring,  to  the  number  which  he  thinks  sufficient 
for  the  enterprise.  We  have  informed  him  of  this,  and  left  him 
to  decide  between  this  object,  and  that  of  giving  vigorous  chastise- 
ment to  those  tribes  of  Indians,  whose  eternal  hostihties  have  prov- 
ed them  incapable  of  living  on  friendly  terms  with  us.  It  is  our 
opinion,  his  inclination  will  lead  him  to  determine  on  the  former. 
The  reason  of  my  laying  before  your  Excellency  this  matter,  is, 
that  it  has  been  intimated  to  me  that  Colonel  Broadhead  is  medi- 
tating a  similar  expedition.  I  wished,  therefore,  to  make  you  ac- 
quainted with  what  we  had  in  contemplation.  The  enterprising 
and  energetic  genius  of  Clarke  is  not  altogether  unknown  to  you. 
You  also  know  (what  I  am  a  stranger  to)  the  abilities  of  Broad- 
head,  and  the  particular  force  with  which  you  will  be  able  to  arm 
him  for  such  an  expedition.  We  wish  the  most  hopeful  means 
should  be  used  for  removing  so  uneasy  a  thorn  from  our  side.   As 


174  V 

yourself,  alone,  are  acquainted  with  all  the  circumstances  neces- 
sary for  well  informed  decision,  I  am  to  ask  the  favor  of  your 
Excellency,  if  you  should  think  Broadhead's  undertaking  it  most 
likely  to  produce  success,  that  you  will  be  so  kind  as  to  intimate 
to  us  to  divert  Clarke  to  the  other  object,  which  is  also  important 
to  this  State.  It  will,  of  course,  have  weight  with  you,  in  forming 
your  determination,  that  our  prospect  of  strengthening  Clarke's 
hands,  sufficiently,  is  not  absolutely  certain.  It  may  be  necessary, 
perhaps,  to  inform  you,  that  these  two  officers  cannot  act  together, 
which  excludes  the  hopes  of  ensuring  success  by  a  joint  expedition. 
I  have  the  honor  to  be,  with  the  most  sincere  esteem,  your 
Excellency's 

most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


• 


LETTER  Xyi. 
TO    HIS    EXCELLENCY    GENERAL   WASHINGTON. 

Richmond,  June  11,  1780. 

Sir, 

Major  Galvan,  as  recommended  by  your  Excellency,  was  dis- 
patched to  his  station  without  delay,  and  has  been  furnished  with 
every  thing  he  desired,  as  far  as  we  were  able.  The  line  of  ex- 
presses formed  between  us,  is  such  as  will  communicate  intelli- 
gence from  one  to  the  other  in  twenty-three  hours.  I  have  for- 
warded to  him  information  of  our  disasters  in  the  South,  as  they 
have  come  to  me. 

Our  intelligence  from  the  southward  is  most  lamentably  defec- 
tive. Though  Charleston  has  been  in  the  hands  of  the  enemy,  a 
month,  we  hear  notliing  of  their  movements  which  can  be  relied 
on.  Rumors  are,  that  they  are  penetrating  northward.  To  re- 
medy this  defect,  I  shall  immediately  establish  a  line  of  expresses 
from  hence  to  the  neighborhood  of  their  army,  and  send  thither  a 
sensible  judicious  person,  to  give  us  information  of  their  move- 
ments. This  intelligence  will,  I  hope,  be  conveyed  to  us  at  the 
rate  of  one  hundred  and  twenty  miles  in  the  twenty-four  hours. 
They  set  out  to  their  stations  to-morrow.  I  wish  it  were  possible, 
that  a  like  speedy  line  of  communication  could  be  formed  from 
hence  to  your  Excellency's  head  quarters.  Perfect  and  speedy 
information  of  what  is  passing  in  the  South,  might  put  it  in  your 
{X)wer,  perhaps,  to  frame  your  measures  by  theirs.     There  is  re- 


175  • 

ally  nothing  to  oppose  the  progress  of  the  enemy,  northward,  but 
the  cautious  principles  of  the  military  art.  North  Carolina  is  with- 
out arms.  We  do  not  abound.  Those  we  have,  are  freely  im- 
parted to  them,  but  such  is  the  state  of  their  resources,  that  they 
have  not  been  able  to  move  a  single  musket  from  this  State  to 
theirs.  All  the  wagons  we  can  collect,  have  been  furnished  to  the 
Marquis  de  Kalb,  and  are  assembled  for  the  march  of  twenty-five 
hundred  men,  under  General  Stevens,  of  Culpeper,  who  will  move 
on  the  1 9th  instant.  I  have  written  to  Congress  to  hasten  supplies 
of  arms  and  military  stores  for  tlie  southern  States,  and  particularly 
to  aid  us  with  cartridge  paper  and  boxes,  the  want  of  which  arti- 
cles, small  as  they  are,  renders  our  stores  useless.  The  want  of 
money  cramps  every  effort.  This  will  be  supplied  by  the  most 
unpalatable  of  all  substitutes,  force.  Your  Excellency  will  readily 
conceive,  that,  after  the  loss  of  one  army,  our  eyes  are  turned  to- 
wards the  other,  and  that  we  comfort  ourselves,  if  any  aids  can  be 
furnished  by  you,  without  defeating  the  operations  more  beneficial 
to  the  general  union,  they  will  be  furnished.  At  the  same  time, 
I  am  happy  to  find  that  the  wishes  of  the  people  go  no  further,  as 
far  as  1  have  an  opportunity  of  learning  tlieir  sentiments.  Could 
arms  be  furnished,  I  think  this  State  and  North  Carolina  would 
embody  from  ten  to  fifteen  thousand  militia,  immediately,  and  more 
if  necessary. 

I  hope,  ere  long,  to  be  able  to  give  you  a  more  certain  statement 
of  the  enemy's  as  well  as  our  situation,  which  I  shall  not  fail  to  do. 
I  enclose  you  a  letter  from  Major  Galvan,  being  the  second  I  have 
forwarded  to  you. 

With  sentiments  of  the  most  perfect  esteem  and  respect, 
I  have  the  honor  to  be  your  Excellency's 

most  obedient  humble  servant, 

Th:  Jefferson. 


LETTER   XVII. 
TO    HIS    EXCELLENCY    GENERAL    WASHINGTON. 
»       *  '  Richmond,  July  2,  1780. 

Sir, 
I  have  received  from  the  Committee  of  Congress,  at  head 
quarters,  three  letters  calling  for  aids  of  men  and  provisions.  I 
beg  leave  to  refer  you  to  my  letter  to  them,  of  this  date,  on  those 
subjects.  I  thought  it  necessary,  however,  to  suggest  to  you  the 
preparing  an  arrangement  of  officers  for  the  men ;  for,  diough  tliey 

4 


176 

are  to  supply  our  battalions,  yet,  as  our  whole  line  officers,  almost, 
are  in  captivity,  I  suppose  some  temporary  provision  must  be 
made.  We  cheerfully  transfer  to  you  every  power  which  the 
Executive  might  exercise  on  this  occasion.  As  it  is  possible  you 
may  cast  your  eye  on  the  unemployed  officers  now  within  the 
State,  1  write  to  General  Muhlenburg,  to  send  you  a  return  of 
them.  I  think  the  men  will  be  rendezvoused  within  the  present 
month.  The  bill,  indeed,  for  raising  them  isjaot  actually  passed, 
but  it  is  in  its  last  stage,  and  no  opposition  to  any  essential  parts  of 
it.     I  will  take  care  to  notify  you  of  its  passage. 

I  have,  with  great  pain,  perceived  your  situation ;  and,  the  more 
so,  as,  being  situated  between  two  fires,  a  division  of  sentiment  has 
arisen,  both  in  Congress  and  here,  as  to  which  the  resources  of  this 
country  should  be  sent.  The  removal  of  General  Clinton  to  the 
northward,  must,  of  course,  have  great  influence  on  the  determi- 
nation of  this  question  ;  and  I  have  no  doubt  but  considerable  aids 
may  be  drawn  hence,  for  your  army,  unless  a  larger  one  should 
be  embodied  in  the  South,  than  the  force  of  the  enemy  there 
seems  to  call  for.  I  have  the  honor  to  be,  with  every  sentiment 
of  respect  and  esteem, 

your  Excellency's 

most  obedient  humble  servant, 

Th:  Jefferson.* 


LETTER    XVIll. 
TO    GENERAL    EDWARD    STEVENS. 

Richmond,  August  4,  1780. 

Sir, 

Your  several  favors  of  July  the  16th,  21st,  and  22nd,  are  now 
before  me.  Our  smiths  are  engaged  in  making  five  hundred  axes 
and  some  tomahawks  for  General  Gates.  About  one  hundred  of 
these  will  go  by  the  wagons  now  taking  in  their  loads.  As  these 
are  for  the  army  in  general,  no  doubt  but  you  will  participate  of 
them.  A  chest  of  medicine  was  made  up  for  you  in  Williams- 
burg, and  by  a  strange  kind  of  forgetfulness,  the  vessel  ordered  to 
bring  that,  left  it  and  brought  the  rest  of  the  shop.  It  is  sent  for 
again,  and  I  am  not  without  hopes  will  be  here  in  time  to  go  by 
the  present  wagons.  They  will  carry  some  ammunition  and  the 
axes,  and  will  make  up  their  load  with  spirits.     Tents,  I  fear,  can- 

[*  See  Appendix,  note  D.] 


177 

not  be  got  in  this  country ;  we  have,  however,  sent  out  powers  to 
all  the  trading  towns  here,  to  take  it  wherever  they  can  find  it.  I 
write  to  General  Gates,  to  try  whetlier  the  duck  in  North  Caro- 
lina cannot  be  procured  by  the  Executive  of  that  State  on  Conti- 
nental account ;  for,  surely,  the  whole  army,  as  well  our  militia  as 
the  rest,  is  Continental.  The  arms  you  have  to  spare  may  be  de- 
livered to  General  Gates's  order,  taking  and  furnishing  us  with 
proper  vouchers.  ^Ve  shall  endeavor  to  send  our  drafts  armed. 
I  cannot  conceive  Irow  the  arms  before  sent  could  have  got  into  so 
very  bad  order ;  they  certainly  went  from  hence  in  good  condi- 
tion. You  wish  to  know  how  far  the  property  of  this  State,  in 
your  hands,  is  meant  to  be  subject  to  the  orders  of  the  commander 
in  chief.  Arms  and  military  stores,  we  mean  to  be  perfectly  sub- 
ject to  him.  The  provisions  going  from  this  country  will  be  for 
the  whole  army.  If  we  can  get  any  tents,  they  must  be  appro- 
priated to  the  use  of  our  own  troops.  Medicine,  sick  stores,  spi- 
rits and  such  things,  we  expect  shall  be  on  the  same  footing  as  with 
the  northern  army.  There,  you  know,  each  State  furnishes  its 
own  troops  with  these  articles,  and,  of  course,  has  an  exclusive  right 
to  what  is  furnished.  The  money  put  into  your  hands,  was  meant 
as  a  particular  resource  for  any  extra  wants  of  our  own  troops,  yet, 
in  case  of  great  distress,  you  would  probably  not  see  the  others  suf- 
fer without  communicating  part  of  it  for  their  use.  We  debit 
Congress  with  this  whole  sum.  There  can  be  nothing  but  what 
is  right  in  your  paying  Major  Mazaret's  troops  out  of  it.  I  wish 
the  plan  you  have  adopted  for  securing  'a  return  of  the  arms  from 
the  militia,  may  answer.  I  apprehend  any  man  who  has  a  good 
gun  on  his  shoulder,  would  agree  to  keep  it,  and  have  the  worth 
of  it  deducted  out  of  his  pay,  more  especially,  when  the  receipt 
of  tlie  pay  is  at  some  distance.  What  would  you  think  of  noti- 
fying to  them,  further,  that  a  proper  certificate  that  they  are  dis- 
charged, and  have  returned  their  arms,  will  be  required  before  any 
pay  is  issued  to  diem.  A  roll,  kept  and  forwarded,  of  those  so 
discharged,  and  who.  have  delivered  up  their  arms,  would  supply 
accidental  losses  of  their  certificates.  We  are  endeavoring  to  get 
bayonet  belts  made.  The  State  quarter  master  affirms  the  car- 
touch  boxes  sent  from  this  place,  (nine  hundred  and  fifty  nine  in 
number)  were  all  in  good  condition.  I  therefore  suppose  the 
three  hundred  you  received  in  such  very  bad  order,  must  have 
gone  from  the  Continental  quarter  master  at  Petersburg,  or,  per- 
haps, have  been  pillaged,  on  the  road,  of  their  flaps,  to  mend  shoes, 
&LC.  I  must  still  press  the  return  of  as  many  wagons  as  possible. 
All  you  will  send,  shall  be  loaded  witli  spirits,  or  something  else 
VOL.  I.  23 


178 

for  the  army.     By  their  next  return,  we  shall  have  a  good  deal  of 
bacon  collected.     The  enclosed  is  a  copy  of  what  was  reported 
to  me,  as  heretofore  sent  by  the  wagons. 
I  am,  Sir,  with  the  greatest  esteem, 

your  most  obedient  humble  servant, 

Th  :  Jefferson. 


LETTER    XIX. 
TO    MAJOR    GENERAL    GATES. 

Richmond,  August  15,  1780. 

Sir, 

Your  favor  of  August  the  3rd,  is  just  now  put  into  my  hand. 
Those  formerly  received  have  been  duly  answered,  and  my  replies 
will,  no  doubt,  have  reached  you  before  this  date.  My  last  letter 
to  you  was  by  Colonel  Drayton. 

I  spoke  fully  with  you  on  the  difficulty  of  procuring  wagons 
here,  when  I  had  the  pleasure  of  seeing  you,  and  for  that  reason 
pressed  the  sending  back  as  many  as  possible.  One  brigade  of 
twelve  has  since  returned,  and  is  again  on  its  way  with  medicine, 
military  stores,  and  spirit.  Any  others  which  come,  and  as  fast 
as  they  come,  shall  be  returned  to  you  with  spirit  and  bacon.  I 
have  ever  been  informed,  that  the  very  plentiful  harvests  of  North 
Carolina,  would  render  the  transportation  of  flour  from  this  State, 
as  unnecessary  as  it  would  be  tedious,  and  that,  in  this  point  of 
view,  the  wagons  should  carry  hence  only  the  articles  before  men- 
tioned, which  are  equally  wanting  with  you.  Finding  that  no 
great  number  of  wagons  is  hkely  to  return  to  us,  we  will  imme- 
diately order  as  many  more  to  be  bought  and  sent  on,  as  we 
possibly  can.  But,  to  prevent  too  great  expectations,  I  must  again 
repeat,  that  I  fear  no  great  number  can  be  got.  I  do  assure  you, 
however,  that  neither  attention  nor  expense  shall  be  spared,  to 
forward  to  you  every  support  for  which  we  can  obtain  means  of 
transportauon.  You  have,  probably,  received  our  order  on  Colonel 
Lewis,  to  deliver  you  any  of  the  beeves  he  may  have  purchased. 

Tents,  I  fear,  it  is  in  vain  to  expect,  because  there  is  not  in  this 
country  stuff  to  make  them.  We  have  agents  and  commissioners 
in  constant  pursuit  of  stuff,  but  hitherto  researches  have  been  fruit- 
less. Your  order  to  Colonel  Carrington  shall  be  immediately 
communicated.  A  hundred  copies  of  the  proclamation  shall  also 
be  immediately  printed  and  forwarded  to  you.  General  Muhlen- 
burg  is  come  to  this  place,  which  he  will  now  make  his  head 


179 

quarters.  1  think  he  will  be  ^ble  to  set  into  motion,  within  a  very 
few  days,  five  hundred  regulars,  who  are  now  equipped  for  their 
march,  except  some  blankets  still  wanting,  but  I  hope  nearly  pro- 
cured and  ready  to  be  delivered. 

I  sincerely  congratulate  you  on  your  successful  advances  on  the 
enemy,  and  wish  to  do  every  thing  to  second  your  enterprises, 
which  the  situation  of  this  country,  and  the  means  and  powers  put 
into  my  hands,  enable  me  to  do. 

I  am.  Sir,  with  sincere  respect  and  esteem,  • 
your  most  obedient,  and 

most  humble  servant, 

Th:  Jefferson. 


LETTER    XX. 

TO  HIS  EXCELLENCY  GENERAL  WASHINGTON. 

Richmond,  September  3,  1780. 
Sir,  * 

As  I  know  the  anxieties  you  must  have  felt,  since  the  late  mis- 
fortune to  the  South,  and  our  latter  accounts  have  not  been  quite 
so  unfavorable  as  the  first,  1  take  the  liberty  of  enclosing  you  a 
statement  of  this  unlucky  affair,  taken  from  letters  from  General 
Gates,  General  Stevens,  and  Governor  Nash,  and,  as  to  some  cir- 
cumstances, from  an  officer  who  was  in  the  acfion."'^  Another  army 
is  collecting ;  this  amounted,  on  the  23rd  ultimo,  to  between  four 
and  five  thousand  men,  consisting  of  about  five  hundred  Maryland 
regulars,  a  few  of  Hamilton's  artillery,  and  Porterfield's  corps, 
Armand's  legion,  such  of  the  Virginia  militia  as  had  been  reclaim- 
ed, and  about  three  thousand  North  Carolina  .militia,  newly  em- 
bodied. We  are  told  they  will  increase  these  to  eight  thousand. 
Our  new  recruits  will  rendezvous  in  this  State  between  the  10th 
and  25th  instant.  We  are  calling  out  two  thousand  militia,  who, 
I  think,  however,  will  not  be  got  to  Hillsborough  till  the  25th  of 
October.  About  three  hundred  and  fifty  regulars  marched  from 
Chesterfield  a  week  ago.  Fifty  march  to-morrow,  and  there  will 
be  one  hundred  or  one  hundred  and  fifty  more  from  that  post, 
when  they  can  be  cleared  of  the  hospital.  This  is  as  good  a  view 
as  I  can  give  you  of  the  force  we  are  endeavoring  to  collect ;  but 
they  are  unarmed.     Almost  the  whole  small  arms  seem  to  have 

[*  The  circumstances  of  the  defeat  of  General  Gates's  army,  near  Camd«J, 
in  August,  17t)0,  being  of  historical  notoriety,  this  statement  is  omitted.] 


180 

been  lost  in  the  late  rout.  There  are  here,  on  then-  way  south- 
wardly, three  thousand  stand  of  arms,  sent  by  Congress,  and  we 
have  still  a  few  in  our  magazine.  I  have  written  pressingly,  as  the 
subject  well  deserves,  to  Congress,  to  send  immediate  supplies, 
and  to  think  of  forming  a  magazine  here,  that  in  case  of  another 
disaster,  we  may  not  be  left  without  all  means  of  opposition. 
.  I  enclosed  to  your  Excellency,  some  time  ago,  a  resolution  of 
the  Assembly,  instructing  us  to  send  a  quantity  of  tobacco  to  New 
York  for  the  relief  of  our  officers  there,  and  asking  the  favor  of 
you  to  obtain  permission.  Having  received  no  answer,  I  fear  my 
letter  or  your  answer  has  miscarried.  I  therefore  take  the  liberty 
of  repeating  my  application  to  you. 

I  have  the  honor  to  be,  with  the  most  profound  respect, 
your  Excellency's 

most  obedient,  and 

most  humble  servant, 

Th:  Jefferson. 


# 


*  LETTER    XX 


TO    GENERAL    EDWARD    STEVENS. 

Richmond,  September  12,  1780. 

Sir, 
.  Your  letters  of  August  27th  and  30th,  are  now  before  me.  The 
subsequent  desertions  of  your  militia,  have  taken  away  the  neces- 
sity of  answering  the  question.  How  they  shall  be  armed  ?  On  the 
contrary,  as  there  must  now  be  a  surplus  of  arms,  I  am  in  hopes 
you  will  endeavor  to  reserve  them,  as  we  have  not  here  a  sufficient 
number  by  fifteen  hundred  or  two  thousand,  for  the  men  who  will 
march  hence,  if  they  march  in  numbers  equal  to  our  expectations. 
I  have  sent  expresses  into  all  tlie  counties  from  which  those  mili- 
tia went,  requiring  the  county  lieutenants  to  exert  themselves  in 
taking  them  ;  and  such  is  the  detestation  with  which  they  have 
been  received,  that  I  have  heard  from  many  counties  they  were 
going  back  of  themselves.  You  will,  of  course,  hold  courts  mar- 
tial on  them,  and  make  them  soldiers  for  eight  montlis.  If  you 
will  be  so  good  as  to  inform  me,  from  time  to  time,  how  many 
you  have,  we  may,  perhaps,  get  the  supernumerary  officers  in  the 
State,  to  take  command  of  them.  By  the  same  opportunities,  I 
desired  notice  to  be  given  to  the  friends  of  the  few*  remaining  with 
you,  that  they  had  lost  their  clothes  and  blankets,  and  recommend- 
ed, that  they  should  avail  themselves  of  any  good  opportunity,  to 
send  them  supplies. 


181 

We  approve  of  your  accommodating  the  hospital  with  medicine*, 
and  the  Maryland  troops  with  spirits.  They  really  deserve  the 
whole,  and  I  wish  we  had  means  of  transportation  for  much  greater 
quantities,  which'we  have  on  hand  and  cannot  convey.  This  arti- 
cle we  could  furnish  plentifully  to  you  and  them.  What  is  to  be 
done  for  wagons,  1  do  not  know.  We  have  not  now  one  shilling 
in  the  treasury  to  purchase  them.  We  have  ordered  an  active 
quarter  master  to  go  to  the  westw^ard,  and  endeavor  to  purchase 
on  credit,  or  impress  a  hundred  wagons  and  teams.  But  I  really 
see  no  prospect  of  sending  you  additional  supplies,  till  the  same 
wagons  return  from  you,  which  we  sent  on  with  the  last.  I  in- 
formed you,  in  my  last  letter,  we  had  ordered  two  thousand  militia 
more,  to  rendezvous  at  Hillsborough  on  the  25th  of  October.  You 
will  judge  yourself,  whether,  in  the  mean  time,  you  can  be  more 
useful  by  remaining  where  you  are,  with  the  few  militia  left  and 
coming  in,  or  by  returning  home,  where,  besides  again  accommo- 
dating yourself  after  your  losses,  you  may  also  aid  us  in  getting 
those  men  into  motion,  and  in  pointing  out  such  things  as  are 
within  our  power,  and  may  be  useful  to  the  service.  And  you  will 
act  accordingly.  I  am  with  great  friendship  and  esteem,  dear  Sir, 
your  most  obedient,  humble  servant, 

Th:  Jefferson. 


LETTER    XXIJ. 

TO    GENERAL    EDWARD    STEVENS. 

Richmond,  Scptombcr  15,  1780. 
Sir, 

I  beg  leave  to  trouble  you  with  a  private  letter,  on  a  litde  matter 
of  my  own,  having  no  acquaintance  at  camp,  with  whom  I  can  take 
that  liberty.  Among  the  wagons  impressed,  for  the  use  of  your 
militia,  were  two  of  mine.  One  of  these,  I  know  is  safe,  having 
been  on  its  way  from  hence  to  Hillsborough,  at  the  time  of  the 
late  engagement.  The  other,  I  have  reason  to  believe,  was  on 
the  field.  A  wagon  master,  who  says  he  was  near  it,  informs  me, 
the  brigade  quarter  master  cut  out  one  of  my  best  horses,  and 
made  his  escape  on  him,  and  that  he  saw  my  wagoner  loosening 
his  own  horse  to  come  off,  but  the  enemy's  horse  were  then  com- 
ing up,  and  he  knows  nothing  further.  He  was  a  negro  man, 
named  Phill,  lame  in  one  arm  and  leg.  If  you  will  do  me  the 
favor  to  enquire  what  is  become  of  him,  what  horses  are  saved, 
and  to  send  them  to  me,  I  shall  be  much  obliged  to  you.     The 


182 

horses  were  not  public  property,  as  they  were  only  impressed  and 
not  sold.  Perhaps  your  certificate  of  what  is  lost,  may  be  neces- 
sary for  me.  The  wagon  master  told  me,  that  the  public  money 
was  in  my  wagon,  a  circumstance,  which,  perhaps,  may  aid  your 
enquiries.  After  apologising  for  the  trouble,  I  beg  leave  to  assure 
you,  that  I  am,  witli  great  sincerity, 

your  friend  and  servant, 

Th:  Jefferson. 


LETTER    XXIIl. 
TO    MAJOR    GENERAL    GATES. 

Richmond,  September  23,  1780. 

Sir, 
I  have  empowered  Colonel  Carrington  to  have  twelve  boats, 
scows  or  batteaux,  built  at  Taylor's  Ferry,  and  to  draw  on  me  for 
the  cost.     I  recommended  the  constructing  them  so  as  to  answer 
the  transportation  of  provisions  along  that  river,  as  a  change  of  po- 
sition of  the  two  armies,  may  render  them  unnecessary  at  Taylor's 
ferry,  and  I  am  thoroughly  persuaded,  that,  unless  we  can  find 
out  some  channel  of  transportation  by  water,  no  supplies  of  bread, 
of  any  consequence,  can  be  sent  you  from  this  State  for  a  long 
time  to  come.     The  want  of  wagons  is  a  bar  insuperable,  at  least 
in  any  reasonable  time.     I  have  given  orders  to  have  Fry  and 
Jeflferson's  map,  and  Henry's  map  of  Virginia,   sought  for  and 
purchased.     As  soon  as  they  can  be  got,  I  w^U  forward  them.     I 
have  also  written  to  General  Washington  on  the  subject  of  winter- 
ing the  French  fleet  in  the  Chesapeake.     Our  new  levies  rendez- 
vous in  large  numbers.     As  General  Washington  had  constituted 
them  into  eight  battalions,  and  allotted  none  to  Colonel  Harrison, 
we  think  to  deliver  him  about  four  hundred  drafts  of  another  kind, 
who  are  to  serve  eighteen  months  also.     Unless  Congress  furnish 
small  arms,  we  cannot  arm  more  than  half  the  men  who  will  go 
from  this  State.     The  prize  you  mention  of  tents  and  blankets  is 
very  fortunate.     It  is  absolutely  out  of  our  power  to  get  these  ar- 
ticles, to  any  amount,  in  this  country,  nor  have  we  clodiing  for  our 
new  levies.     They  must,  therefore,  go  to  you  clothed  as  militia,  till 
we  can  procure  and  send  on  supplies.     They  will  be  as  warm  in 
their  present  clothing  at  Hillsborough,  as  at  Chesterfield  Court 
House. 

We  have  an  agent,  collecting  all  tlie  beeves  which  can  be  got 
from  the  counties  round  about  Portsmouth,  to  send  off  to  you. 


183 

They  have  there  also  plentiful  crops  of  corn  growing.  We  have 
instructed  him  to  try  whether  means  of  conveying  it  down  into  the 
Sounds,  and  up  some  of  the  rivers  of  North  Carolina,  or  by  land 
to  Meherrin  river,  and  thence  down  Chowan,  and  up  Roanoke, 
cannot  be  rendered  practicable. 

I  am,  with  every  sentiment  of  esteem  and  respect, 
your  most  obedient 

and  most  humble  servant, 

Th:  Jefferson. 

P.  S.  I  enclose  a  certificate,  acknowledging  satisfaction  for  the 
money  furnished  Colonel  Kosciusko.  T.  J. 


LETTER  XXIV. 
TO  HIS  EXCELLENCY  GENERAL  WASHINGTON. 

Richmond,  September  23, 1780. 

Sir, 
I  yesterday  forwarded  to  you  a  letter  from  Colonel  Wood,  in- 
forming you  of  his  situation.  That  post  has,  for  some  time  past, 
been  pretty  regularly  supplied,  and  I  hope  will  continue  to  be  for 
some  time  to  come.  A  person  whose  punctuality  can  be  relied 
on,  offers  to  contract  for  victualling  it.  If  we  can  agree  on  terms, 
and  the  Assembly  will  strengthen  our  hands  sufficiently,  we  think 
to  adopt  that  method,  as  the  only  one  to  be  relied  on  with  cer- 
tainty. I  have  heard  it  hinted  that  Colonel  Wood  thinks  of  quit- 
ting that  post.  I  should  be  exceedingly  sorry,  indeed,  were  he  to 
do  it.  He  has  given  to  those  under  his  charge,  the  most  perfect 
satisfaction,  and,  at  the  same  time,  used  all  the  cautions  which  the 
nature  of  his  charge  has  required.  It  is  principally  owing  to  his 
prudence  and  good  temper,  tliat  the  late  difficulties  have  been 
passed  over,  almost  "without  a  murmur.  Any  influence  which  your 
Excellency  shall  think  proper  to  use,  for  retaining  him  in  his  pre- 
sent situation,  will  promote  the  public  good,  and  have  a  great  ten- 
dency to  keep  up  a  desirable  harmony  with  the  officers  of  that 
corps.  Our  new  recruits  are  rendezvousing  very  generally.  Co- 
lonel Harrison  was  uneasy  at  having  none  of  them  assigned  to  his 
corps  of  artillery,  who  have  very  much  distinguished  tliemselves  in 
the  late  unfortunate  action,  and  are  reduced  almost  to  nothing. 
We  happened  to  have  about  four  hundred  drafts,  raised  in  the 
last  year,  and  never  called  out  and  sent  on  duty  by  their  county 
lieutenants,    whom  we  have  collected  and  are  collecting.     We 


^4 

think  to  deliver  these  to  Colonel  Harrison :  they  are  to  serve 
eighteen  months  from  the  time  of  rendezvous.  The  numbers  of 
regulars  and  militia  ordered  from  this  State  into  the  southern  ser- 
vice, are  about  seven  thousand.  I  trust  we  may  count  that  fifty- 
five  hundred  will  actually  proceed :  but  we  have  arms  for  three 
thousand  only.  If,  therefore,  we  do  not  speedily  receive  a  supply 
from  Congress,  we  must  countermand  a  proper  number  of  these 
troops.  Besides  this  supply,  there  should  certainly  be  a  magazine 
laid  in  here,  to  provide  against  a  general  loss  as  well  as  daily  waste. 
When  we  deliver  out  those  now  in  our  magazine,  we  shall  have 
sent  seven  thousand  stand  of  our  own  into  the  southern  service, 
in  tlie  course  of  this  summer.  We  are  still  more  destitute  of  cloth- 
ing, tents  and  w^agons  for  our  troops.  The  southern  army  suffers 
for  provisions,  which  we  could  plentifully  supply,  were  it  possible 
to  find  means  of  transportation.  Despairing  of  this,  we  directed 
very  considerable  quantities,  collected  on  the  navigable  waters,  to 
be  sent  northwardly  by  the  quarter  master.  This  he  is  now  do- 
ing ;  slowly,  however.  Unapprised  what  may  be  proposed  by  our 
allies,  to  be  done  with  their  fleet  in  the  course  of  the  ensuing  win- 
ter, I  would  beg  leave  to  intimate  to  you,  that  if  it  should  appear 
to  them  eligible  that  it  should  winter  in  the  Chesapeake,  they  can 
be  well  supplied  with  provisions,  taking  their  necessary  measures 
in  due  time.  The  waters  communicating  with  that  bay  furnish 
easy,  and  (in  that  case)  safe  transportation,  and  their  money  will 
call  forth  what  is  denied  to  ours. 

I  am,  with  all  possible  esteem  and  respect, 
your  Excellency's 

most  obedient  and  humble  servant, 

Th:  Jefferson. 


LETTER    XXV. 


TO    HIS    EXCELLENCY    GENERAL    WASHINGTON. 

Richmond,  September  26,  .1780. 

Sir, 

The  enclosed  copy  of  a  letter  from  Lord  Cornwallis*  to  Co- 
lonel Balfour,  was  sent  me  by  Governor  Rutledge :  lest  you 
should  not  have  seen  it,  I  do  myself  the  pleasure  of  transmitdng 
it,  with  a  letter  from  General  Harrington  to  General  Gates  givdng 
information  of  some  late  movements  of  the  enemy. 

[*  See  Appendix,  note  E.] 


185  • 

I  was  honored  yesterday  with  your  favor  of  the  5th  instant,  on 
the  subject  of  prisoners,  and  particularly  Lieutenant  Governor 
Hamilton.  You  are  not  unapprised  of  the  influence  of  this  officer 
with  the  Indians,  his  activity  and  embittered  zeal  against  us.  You 
also,  perhaps,  know  how  precarious  is  our  tenure  of  the  Illinois 
country,  and  how  critical  is  the  situation  of  the  new  counties  on 
the  Ohio.  These  circumstances  determined  us  to  detain  Governor 
Hamilton  and  Major  Hay  within  our  power,  when  we  delivered  up 
the  other  prisoners.  On  a  late  representation  from  the  people  of 
Kentucky,  by  a  person  sent  here  from  that  country,  and  expres- 
sions of  what  they  had  reason  to  apprehend  from  these  two  pri- 
soners, in  the  event  of  their  liberation,  we  assured  them  they 
would  not  be  parted  with,  though  we  were  giving  up  our  other 
prisoners.  Lieutenant  Colonel  Dabusson,  aid  to  Baron  de  Kalb, 
lately  came  here  on  his  parole,  with  an  offer  from  Lord  Rawdon, 
to  exchange  him  for  Hamilton.  Colonel  Towles  is  now  here  with 
a  like  proposition  for  himself,  from  General  Phillips,  very  strongly 
urged  by  the  General.  These,  and  other  overtures,  do  not  lessen 
our  opinion  of  the  importance  of  retaining  him ;  and  they  have 
been,  and  will  be,  uniformly  rejected.  Should  the  setdement,  in- 
deed, of  a  cartel  become  impracticable,  without  the  consent  of 
the  States  to  submit  their  separate  prisoners  to  its  obligation,  we 
will  give  up  these  two  prisoners,  as  we  would  any  thing,  rather 
than  be  an  obstacle  to  a  general  good.  But  no  other  circum- 
stance would,  I  believe,  extract  them  from  us.  These  two  gentle- 
men, with  a  Lieutenant  Colonel  Elligood,  are  the  only  separate 
prisoners  we  have  retained,  and  the  last,  only  on  his  own  request, 
and  not  because  we  set  any  store  by  him.  There  is,  indeed,  a 
Lieutenant  Governor  Rocheblawe  of  Kaskaskie,  who  has  broken 
his  parole  and  gone  to  New  York,  whom  we  must  shortly  trouble 
your  Excellency  to  demand  for  us,  as  soon  as  we  can  forward  to 
you  the  proper  documents.  Since  the  forty  prisoners  sent  to 
Winchester,  as  mentioned  in  my  letter  of  the  9th  ultimo,  about 
one  hundred  and  fifty  more  have  been  sent  thither,  some  of  them 
taken  by  us  at  sea,  others  sent  on  by  General  Gates. 

The  exposed  and  weak  state  of  our  western  settlements,  and 
the  danger  to  which  they  are  subject  from  the  northern  Indians, 
acting  under  the  influence  of  the  British  post  at  Detroit,  render  it 
necessary  for  us  to  keep  from  five  to  eight  hundred  men  on  duty, 
for  their  defence.  This  is  a  great  and  perpetual  expense.  Could 
that  post  be  reduced  and  retained,  it  would  cover  all  the  States  to 
the  southeast  of  it.  We  have  long  meditated  the  attempt  under 
the  direction  of  Colonel  Clarke,  but  the  expense  would  be  so  great, 
that  whenever  we  have  wished  to  take  it  up,  this  circumstance  has 
VOL.  I.  24 


186 

obliged  us  to  decline  it.  Two  different  estimates  make  it  amount  to 
two  millions  of  pounds,  present  money.  We  could  furnish  the  men, 
provisions,  and  every  necessary,  except  powder,  had  we  the  mo- 
ney, or  could  the  demand  from  us  be  so  far  supplied  from  other 
quarters,  as  to  leave  it  in  our  power  to  apply  such  a  sum  to  that 
purpose ;  and,  when  once  done,  it  would  save  annual  expenditures  to 
a  great  amount.  When  I  speak  of  furnishing  the  men,  I  mean  they 
should  be  militia,  such  being  the  popularity  of  Colonel  Clarke, 
and  the  confidence  of  the  western  people  in  him,  that  he  could  raise 
the  requisite  number  at  any  time.  We,  therefore,  beg  leave  to 
refer  this  matter  to  yourself,  to  determine  whether  such  an  enter- 
prise would  not  be  for  the  general  good,  and  if  you  think  it  would, 
to  authorise  it  at  the  general  expense.  This  is  become  the  more 
reasonable,  if,  as  I  understand,  the  ratification  of  the  Confedera- 
tion has  been  rested  on  our  cession  of  a  part  of  our  western 
claim  ;  a  cession  which,  (speaking  my  private  opinion,)  I  verily 
believe  will  be  agreed  to,  if  the  quantity  demanded  is  not  unrea- 
sonably great.  Should  this  proposition  be  approved  of,  it  should 
be  immediately  made  known  to  us,  as  the  season  is  now  coming 
on,  at  which  some  of  the  preparations  must  be  made.  The  time 
of  execution,  I  think,  should  be  at  the  time  of  the  breaking  up  of 
the  ice  in  the  Wabash,  and  before  the  lakes  open.  The  interval, 
I  am  told,  is  considerable. 

I  have  the  honor  to  be,  &ic. 

your  most  obedient  and  humble  servant, 

Th:  Jefferson. 


LETTER    XXVI. 
TO    MAJOR    GENERAL    GATES. 

Richmond,  October  4,  1780. 

Sir, 
'  My  letter  of  September  23rd,  answered  your  favors  received 
before  that  date,  and  the  present  serves  to  acknowledge  the  re- 
ceipt of  those  of  September  24th  and  27th.  I  retain  in  mind,  and 
recur,  almost  daily,  to  your  requisitions  of  August ;  we  have,  as  yet, 
no  prospect  of  more  than  one  hundred  tents.  Flour  is  ordered 
to  be  manufactured,  as  soon  as  the  season  will  render  it  safe  ;  out 
of  which,  I  trust,  we  can  furnish  not  only  your  requisition  of  Au- 
gust, but  that  of  Congress  of  September  11th.  The  corn,  you 
desire,  we  could  furnish  when  the  new  crops  come  in,  fully,  if 
water  transportation  can  be  found  ;  if  not,  we  shall  be  able  only  to 


187 

send  you  what  lies  convenient  to  the  southern  boundaryj  in  which 
neighborhood,  the  crops  have  been  much  abridged  by  a  flood  in 
Roanoke.  We  have  no  rice.  Rum  and  other  spirits,  we  can  fur- 
nish to  a  greater  amount  than  you  require,  as  soon  as  our  wagons 
are  in  readiness,  and  shall  be  glad  to  commute  into  that  article 
some  others  which  we  have  not,  particularly  sugar,  coffee  and  salt. 
The  vinegar  is  provided.  Colonel  Finnic  promised  to  furnish  to 
Colonel  Muter,  a  hst  of  the  spades,  hoes,  he.  which  could  be  fur- 
nished from  the  Continental  stores.  This  list  has  never  yet  come 
to  hand.  It  is  believed,  the  Continental  stores  here,  will  fall  little 
short  of  your  requisition,  except  in  the  article  of  axes,  which 
our  shops  are  proceeding  on.  Your  information  of  September 
24th,  as  to  the  quality  of  the  axes,  has  been  notified  to  the  workmen, 
and  will,  I  hope,  have  a  proper  effect  on  those  made  hereafter. 
Application  has  been  made  to  the  courts,  to  have  the  bridges  put 
in  a  proper  state,  which  they  have  promised  to  do.  We  are  en- 
deavoring again  to  collect  wagons.  About  twenty  are  nearly 
finished  at  this  place.  We  employed,  about  three  weeks  ago, 
agents  to  purchase,  in  the  western  counties,  a  hundred  wagons 
and  teams.  Till  these  can  be  got,  it  will  be  impossible  to  furnish 
any  thing  from  this  place.  I  am  exceedingly  pleased  to  hear  of 
your  regulation  for  stopping  our  wagons  at  Roanoke.  This  will 
put  it  in  our  power  to  repair  and  replace  them,  to  calculate  their 
returns,  provide  loads,  and  will  be  a  great  encouragement  to  in- 
crease their  number,  if  possible,  as  their  departure  hence  will  no 
longer  produce  the  idea  of  a  final  adieu  to  them. 

Colonel  Senf  arrived  here  the  evening  before  the  last.  He  was 
employed  yesterday  and  to-day,  in  copying  some  actual  and  accu- 
rate surveys,  which  we  had  had  made  of  the  country  round  about 
Portsmouth,  as  far  as  Cape  Henry  to  the  eastward,  Nansemond 
river  to  the  westward,  the  Dismal  Swamp  to  the  southward,  and 
northwardly,  the  line  of  country  from  Portsmouth  by  Hampton 
and' York,  to  Williamsburg,  and  including  the  vicinities  of  these 
three  last  posts.  This  will  leave  him  nothing  to  do,  but  to  take 
drawings  of  particular  places,  and  the  soundings  of  such  waters  as 
he  thinks  material.  He  will  proceed  on  this  business  to-morrow, 
with  a  letter  to  General  Nelson,  and  powers  to  call  for  the  attend- 
ance of  a  proper  vessel. 

I  suppose,  that  your  drafts  in  favor  of  the  quarter  master,  if 
attended  with  sixty  days  grace,  may  be  complied  with  to  a  cer- 
tain amount.  We  will  certainly  use  our  best  endeavors  to  »an- 
swer  them.  I  have  only  to  desire  that  they  may  be  made  paya- 
ble to  the  quarter  master  alone,  and  not  to  the  bearer.  This  is  to 
prevent  the  mortification  of  seeing  an  unapprised  individual  taken 


188 

in  by  an  stssignment  of  them,  as  if  they  were  ready  money.  Your 
letter  to  Colonel  Finnie  will  go  to  Williamsburg  immediately. 
Those  to  Congress,  with  a  copy  of  the  papers  enclosed  to  me, 
went  yesterday  by  express.  I  will  take  order  as  to  the  bacon 
you  mention.  I  fear  there  is  little  of  it,  and  that  not  capable  of 
being  long  kept.  You  are  surely  not  uninformed,  that  Congress 
required  the  greater  part  of  this  article  to  be  sent  northward, 
which  has  been  done.  I  hope,  by  this  time,  you  receive  supplies 
of  beeves  from  our  commissary,  Mr.  Eaton,  who  was  sent  three 
weeks  or  a  month  ago,  to  exhaust  of  that  article  the  counties  be- 
low, and  in  the  neighborhood  of  Portsmouth ;  and  from  thence, 
was  to  proceed  to  other  counties,  in  order,  as  they  stood  exposed 
to  an  enemy. 

The  arrival  of  the  French  West  India  fleet  (which,  though  not 
authentically  communicated,  seems  supported  by  so  many  concur- 
ring accounts  from  individuals,  as  to  leave  scarcely  room  for  doubt,) 
will,  I  hope,  prevent  the  enemy  from  carrying  into  effect,  the  embark- 
ation they  had  certainly  intended  from  New  York,  though  they  are 
strengthened  by  the  arrival  of  Admiral  Rodney,  at  that  place, 
with  twelve  sail  of  the  line  and  four  frigates,  as  announced  by 
General  Washington  to  Congress,  on  the  19th  ultimo.  The  ac- 
counts of  the  additional  French  fleet,  are  varied,  from  sixteen  to 
nineteen  ships  of  the  line,  besides  frigates.  The  number  of  the 
latter  has  never  been  mentioned.  The  extracts  of  letters,  which 
you  will  see  in  our  paper  of  this  day,  are  from  General  Washing- 
ton, President  Huntington  and  our  Delegates  in  Congress  to  me. 
That  from  Bladensburg,  is  from  a  particular  acquaintance  of  mine, 
whose  credit  cannot  be  doubted.  The  distress  we  are  experien- 
cmg  from  want  of  leather  to  make  shoes,  is  great.  I  am  sure  you 
have  thought  of  preventing  it  in  future,  by  the  appointment  of  a 
commissary  of  hides,  or  some  other  good  regulation  for  saving  and 
tanning  the  hides,  which  the  consumption  of  your  army  will  afford. 

I  have  the  honor  to  be,  with  all  possible  esteem  and  respect,"  Sir, 
your  most  obedient,  and 

most  humble  servant, 

Th:  Jefferson. 


189 

LETTER  XXVII.  % 

TO    GENERAL    GATES. 

Richmond,  October  15,  1780. 

Sir, 
I  am  rendered  not  a  little  anxious  by  the  paragraph  of  yours  of 
the  7th  instant,  wherein  you  say,  '  it  is  near  a  month  since  I  re- 
ceived any  letter  from  your  Excellency ;  indeed,  the  receipt  of 
most  that  I  have  written  to  you,  remain  unacknowledged.'  You 
ought,  within  that  time,  to  have  received  my  letter  of  September 
the  3rd,  written  immediately  on  my  return  to  this  place,  after  a  fort- 
night's absence  ;  that  of  September  the  1 1th,  acknowledging  the 
receipt  of  yours  which  covered  drafts  for  money ;  that  of  Sep- 
tember the  23rd,  on  tlie  subject  of  batteaux  at  Taylor's  ferry, 
wagons,  maps  of  Virginia,  wintering  the  French  fleet  in  the  Chesa- 
peake, our  new  levies,  and  provisions  from  our  lower  counties  ;  and 
that  of  October  the  4th,  in  answer  to  yours  of  September  the 
24th,  and  27th.  I  begin  to  apprehend  treachery  in  some  part  of 
our  chain  of  expresses,  and  beg  the  favour  of  you,  in  your  next, 
to  mention  whether  any,  and  which  of  these  letters  have  come 
to  hand.  This  acknowledges  the  receipt  of  yours  of  September 
the  28th,  and  October  the  3rd,  5th,  and  7th.  The  first  of  these 
was  delivered  four  or  five  days  ago  by  Captain  Drew.  He  will 
be  permitted  to  return  as  you,  desire,  as  we  would  fulfil  your 
wishes  in  every  point  in  our  power,  as  well  as  indulge  the  ardor 
of  a  good  officer.  Our  militia  from  the  western  counties,  are  now 
on  their  march  to  join  you.  They  are  fond  of  the  kind  of  service 
in  which  Colonel  Morgan  is  generally  engaged,  and  are  made 
very  happy  by  being  informed  you  intend  to  put  them  under  him. 
Such  as  pass  by  this  place,  take  muskets  in  their  hands.  Those 
from  the  southern  counties  beyond  the  Blue  Ridge,  were  advised 
to  carry  their  rifles.  For  those  who  carry  neither  rifles  nor  mus- 
kets, as  well  as  for  our  eighteen  months  men,  we  shall  send  on 
arms  as  soon  as  wagons  can  be  procured.  In  the  mean  time,  I 
had  hoped  that  there  were  arms  for  those  who  should  first  arrive 
at  Hillsborough,  as  by  General  Stevens'  return,  dated  at  his  de- 
parture thence,  there  were  somewhere  between  five  and  eight 
hundred  muskets  (I  speak  from  memory,  not  having  present  access 
to  the  return)  belonging  to  this  State,  either  in  the  hands  of  the 
few  militia  who  were  there,  or  stored.  Captain  Faunderoy,  of 
the  cavalry,  gives  me  hopes  he  shall  immediately  forward  a  very 
considerable  supply  of  accoutrements,  for  White's  and  Washing- 


190 

ton's  cavalry.  He  told  me  yesterday,  he  had  received  one  hun- 
dred and  thirteen  horses  for  that  service,  from  us.  Besides  these, 
he  had  rejected  sixty  odd,  after  we  had  purchased  them,  at  £3000 
a  piece.  Nelson's  two  troops  were  returned  to  me,  deficient  only 
twelve  horses,  since  which,  ten  have  been  sent  to  him  by  Lieu- 
tenant Armstead.  I  am  not  a  little  disappointed,  therefore,  in  the 
number  of  cavalry  fit  for  duty,  as  mentioned  in  the  letter  you  en- 
closed me.  Your  request  (as  stated  in  your  letter  of  the  7th)  that 
we  will  send  no  men  into  the  field,  or  even  to  your  camp,  that  are 
not  well  furnished  with  shoes,  blankets,  and  every  necessary  for 
immediate  service,  would  amount  to  a  stoppage  of  every  man ;  as 
we  have  it  not  in  our  power  to  furnish  them  with  real  necessaries 
completely.  I  hope  they  will  be  all  shod.  What  proportion  will 
have  blankets  I  cannot  say :  we  purchase  every  one  which  can  be 
found  out ;  and  now  I  begin  to  have  a  prospect  of  furnishing  about 
half  of  them  with  tents,  as  soon  as  they  can  be  made  and  for- 
warded. As  to  provisions,  our  agent,  Eaton,  of  whom  I  before 
wrote,  informs  me  in  a  letter  of  the  5th  instant,  he  shall  imme- 
diately get  supplies  of  beef  into  motion,  and  shall  send  some  corn 
by  a  circuitous  navigation.  But  till  we  receive  our  wagons  from 
the  western  country,  I  cannot  hope  to  aid  you  in  bread.  I  expect 
daily  to  see  wagons  coming  in  to  us.  The  militia  were  ordered  to 
rendezvous  at  Hillsborough,  expecting  they  would  thence  be  or- 
dered by  you  into  service.  I  send  you  herewith,  a  copy  of  Hen- 
ry's map  of  Virginia.  It  is  a  mere  cento  of  blunders.  It  may 
serve  to  give  you  a  general  idea  of  the  courses  of  rivers,  and  po- 
sitions of  counties.  We  are  endeavoring  to  get  you  a  copy  of 
Fry  and  Jefferson's ;  but  they  are  now  very  scarce.  I  also  en- 
close you  some  newspapers,  in  which  you  will  find  a  detail  of 
Arnold's  apostacy  and  villany. 

I  am,  with  all  sentiments  of  sincere  respect  and  esteem, 
Sir,  your  most  obedient, 

and  most  humble  servant, 

Th:  Jefferson. 

P.  S.  Just  as  I  was  closing  my  letter,  yours  of  the  9th  instant, 
was  put  into  my  hands.  I  enclose  by  this  express,  a  power  to  Mr. 
Lambe,  quarter  master,  to  impress  I'or  a  month,  ten  wagons  from 
each  of  tlie  counties  of  Brunswick,  Mecklenburg,  Lunenburg, 
Charlotte,  and  Halifax,  and  direct  him  to  take  your  orders, 
whether  they  shall  go  first  to  you,  or  come  here.  If  the  latter, 
we  can  load  them  with  arms  and  spirits.  Before  their  month  is  out, 
I  hope  the  hundred  wagons  from  the  westward  will  have  come  in. 
We  will  otherwise  provide  a  relief  for  these.     I  am  perfectly  as- 


191 

tonished  at  your  not  having  yet  received  my  letters  before  men- 
tioned. I  send  you  a  copy  of  that  of  the  4th  of  October,  as 
being  most  material.  I  learn,  from  one  of  General  Muhlenburg's 
family,  that  five  wagons  have  set  out  from  hence,  with  three  hun- 
dred stand  of  arms,  he.  However,  the  General  writes  to  you 
himself.  T.  J. 


LETTER    XXVIII. 
TO    HIS    EXCELLENCY    GENERAL    WASHINGTON. 

Richmond,  October  22, 1780. 

Sir, 
I  have  this  morning  received  certain  information  of  the  arrival 
of  a  hostile  fleet  in  our  bay,  of  about  sixty  sail.  The  debarkation 
of  some  light  horse,  in  the  neighborhood  of  Portsmouth,  seems  to 
indicate  tliat  as  the  first  scene  of  acdon.  We  are  endeavoring  to 
collect  as  large  a  body  to  oppose  them,  as  we  can  arm :  this  will 
be  lamentably  inadequate,  if  the  enemy  be  in  any  force.  It  is 
mortifying  to  suppose  that  a  people,  able  and  zealous  to  contend 
with  their  enemy,  should  be  reduced  to  fold  their  arms  for  want 
of  the  means  of  defence.  Yet  no  resources,  that  we  know  of, 
ensure  us  against  this  event.  It  has  become  necessary  to  divert 
to  this  new  object,  a  considerablepart  of  the  aids  we  had  destined 
for  General  Gates.  We  are  stilly  however,  sensible  of  the  neces- 
sity of  suppordng  him,  and  have  left  that  part  of  our  country  nearest 
him  uncalled  on,  at  present,  that  they  may  reinforce  him  as  soon 
as  arms  can  be  received.  We  have  called  to  the  command  of  our 
forces.  Generals  Weeden  and  Muhlenburg,  of  the  line,  and  Nel- 
son and  Stevens  of  the  militia.  You  will  be  pleased  to  make  to 
these  such  additions  as  you  may  think  proper.  As  to  the  aids  of 
men,  I  ask  for  none,  knowing  that  if  the  late  detachment  of  the 
enemy  shall  have  left  it  safe  for  you  to  spare  aids  of  that  kind, 
you  will  not  await  my  appllcadon.  Of  the  troops  we  shall  raise, 
there  is  not  a  single  man  who  ever  saw  the  face  of  an  enemy. 
Whether  the  Convention  troops  will  be  removed  or  not,  is  yet  un- 
determined. This  must  depend  on  the  force  of  the  enemy,  and 
the  aspect  of  their  movements. 
I  have  the  honor  to  be 

your  Excellency's  most  obedient 

humble  servant, 

Th:  Jefferson. 


19S 


LETTER  XXIX. 
TO  HIS  EXCELLENCY  GENERAL  WASHINGTON. 

Richmond,  October  25,  1780. 

Sir, 

I  take  the  liberty  of  enclosing  to  you  letters  from  Governor  Ha- 
milton, for  New  York.  On  some  representations  received  by 
Colonel  Towles,  that  an  indulgence  to  Governor  Hamilton  and  his 
companions  to  go  to  New  York,  on  parole,  would  produce  the 
happiest  eiFect  on  the  situation  of  our  officers  in  Long  Island,  we 
have  given  him.  Major  Hay,  and  some  of  the  same  party  at  Win- 
chester, leave  to  go  there  on  parole.  The  two  former  go  by  wa- 
ter, the  latter  by  land. 

By  this  express  I  hand  on,  from  General  Gates  to  Congress, 
intelligence  of  the  capture  of  Augusta,  in  Georgia,  with  .conside- 
rable quantities  of  goods;  and  information,  which  carries  a  fair 
appearance,  of  the  taking  of  Georgetown,  in  South  Carolina,  by  a 
party  of  ours,  and  that  an  army  of  six  thousand  French  and  Spa- 
fliards  had  landed  at  Sunbury.  This  is  the  more  credible,  as 
Comwallis  retreated  from  Charlotte  on  the  12th  instant,  with  great 
marks  of  precipitation.  Since  my  last  to  you,  informing  you  of 
an  enemy's  fleet,  they  have  landed  eight  hundred  men  in  the 
neighborhood  of  Portsmouth,  and  some  more  on  the  bay  side  of 
Princess  Anne.  One  thousand  infantry  landed  at  New-ports-news, 
on  the  morning  of  the  23rd,  and  immediately  took  possession  of 
Hampton.  The  horse  were  proceeding  up  the  road.  Such  a 
corps  as  Major  Lee's  would  be  of  infinite  service  to  us.  Next  to 
a  naval  force,  horse  seems  to  be  most  capable  of  protecting  a 
country  so  intersected  by  waters. 

I  am,  with  the  most  sincere  esteem, 

your  Excellency's  most  obedient 
and  most  humble  servant, 

Th:  Jefferson. 


LETTER    XXX. 
TO    HIS    EXCELLENCY    GENERAL    WASHINGTON. 

Richmond,  October  26,  1780. 

Sir, 

The  Executive  of  this  State  think  it  expedient,  under  our  pre- 
sent circumstances,  that  the  prisoners  of  war  under  the  Convention 


193 

of  Saratoga,  be  removed  from  their  present  situation.  It  will  be 
impossible,  as  long  as  they  remain  with  us,  to  prevent  the  hostile 
army  from  being  reinforced  by  numerous  desertions  from  this 
corps  5  and  this  expectation  may  be  one  among  the  probable 
causes  of  this  movement  of  the  enemy.  Should,  moreover,  a  res- 
cue of  them  be  attempted,  the  extensive  disaffection  which  has  of 
late  been  discovered,  and  the  almost  total  want  of  arms  in  the  hands 
of  our  good  people,  render  the  success  of  such  an  enterprise  by 
no  means  desperate.  The  fear  of  this,  and  the  dangerous  con- 
vulsions to  which  such  an  attempt  would  expose  us,  divert  the  at- 
tention of  a  very  considerable  part  of  our  militia,  from  an  opposi- 
tion to  an  invading  enemy.  An  order  has  been,  therefore,  this 
day  issued  to  Colonel  Wood,  to  take  immediate  measures  for  their 
removal ;  and  every  aid  has  been,  and  will  be  given  him,  for 
transporting,  guarding  and  subsisting  them  on  the  road,  which  our 
powers  can  accomplish.  Notice  hereof  is  sent  to  his  Excellency 
Governor  Lee,  on  whose  part,  I  doubt  not,  necessary  preparations 
will  be  made. 

I  have  the  honor  to  be,  with  the  greatest  esteem  and  respect, 
your  Excellency's 

most  obedient,  and 

most  humble  servant, 

Th:  Jeffebson. 


LETTER    XXXI. 

TO    GENERAL    GATES. 

Richmond,  October  28,  1780. 
Sir, 

Your  letters  of  the  14th,  20th  and  21st  have  come  to  hand, 
and  your  despatches  to  Congress  have  been  regularly  forwarded. 
I  shall  attend  to  the  caveat  against  Mr.  Ochiltree's  bill.  Your  let- 
ter to  Colonel  Senf  remains  still  in  my  hands,  as  it  did  not  come 
till  the  enemy  had  taken  possession  of  the  ground,  on  which  I 
knew  him  to  have  been,  and  I  have  since  no  certain  information 
where  a  letter  might  surely  find  him.  My  proposition  as  to  your 
bills  in  favor  of  the  quarter  master,  referred  to  yours  of  Sep- 
tember 27th.  I  have  notified  to  the  Continental  quarter  master, 
your  advance  of  nine  hundred  dollars  to  Cooper.  As  yet,  we 
have  received  no  wagons.  I  wish  Mr.  Lambe  may  have  supplied 
you.  Should  those  from  the  western  quarter  not  come  in,  we 
VOL,  I.  25 


194 

will  authorise  him  or  some  other,  to  procure  a  lelief,  in  time,  for 
those  first  impressed.  We  are  upon  the  eve  of  a  new  arrangement 
as  to  our  commissary's  and  quarter  master's  departments,  as  tlie 
want  of  money,  hitroducing  its  substitute  force,  requires  the  es- 
tablishment of  a  different  kind  of  system. 

Since  my  first  information  to  you  of  the  arrival  of  an  enemy, 
they  have  landed  about  eight  hundred  men  near  Portsmouth, 
some  on  the  bay  side  of  Princess  Anne,  one  thousand  at  Hamp- 
ton, and  still  retained  considerable  part  on  board  their  ships. 
Those  at  Hampton,  after  committing  horrid  depredations,  have 
again  retired  to  their  ships,  which,  on  the  evening  of  the  26th, 
were  strung  along  the  Road  from  New-ports-news,  to  the  mouth  of 
Nansemond,  which  seems  to  indicate  an  intention  of  coming  up 
James  river.  Our  information  is,  that  they  have  from  four  to  five 
thousand  men,  commanded  by  General  Leslie,  and  that  they  have 
come  under  convoy  of  one  forty  gun  ship,  and  some  frigates  (how 
many,  has  never  been  said,)  commanded  by  Commodore  Rodney. 
Would  it  not  be  worth  while  to  send  out  a  swift  boat  from  some 
of  the  inlets  of  Carolina,  to  notify  the  French  Admiral  that  his 
enemies  are  in  a  net,  if  he  has  leisure  to  close  the  mouth  of  it  ? 
Generals  Muhlenburg  and  Nelson,  are  assembling  a  force  to  be 
ready  for  them,  and  General  Weeden  has  come  to  this  place, 
where  he  is  at  present  employed  in  some  arrangements.  We 
have  ordered  the  removal  of  the  Saratoga  prisoners,  that  we  may 
have  our  hands  clear  for  these  new  guests. 

I  have  the  honor  to  be,  with  the  most  perfect  esteem  and 
respect.  Sir, 

your  most  obedient,  and 

most  humble  servant, 

Th:  Jefferson. 


LETTER    XXXII. 
TO    HIS    EXCELLENCY    GENERAL    WASHINGTON. 

Richmond,  November  3,  1780. 

Sir, 
Since  I  had  the  honor  of  writing  to  your  Excellency,  on  the 
25th  ultimo,  the  enemy  have  withdrawn  their  forces  from  the 
North  side  of  James  river,  and  have  taken  post  at^  Portsmouth, 
which,  we  learn,  they  are  fortifying.  Their  highest  'post  is  Suf- 
folk, where  there  is  a  veiy  nartow  and  defensible  pasjjjf- between 


iifc.    • 


195  ^ 

Nansemond  river  and  the  Dismal  Swamp,  which  covers  the  coun- 
try below,  from  being  entered  by  us.  More  accurate  information 
of  their  force,  tlian  we  at  first  had,  gives  us  reason  to  suppose  them 
to  be  from  twenty-five  hundred  to  three  thousand  strong,  of  which, 
between  sixty  and  seventy  are  cavalry.  They  are  commanded  by 
General  Leslie,  and  were  convoyed  by  the  Romulus,  of  forty  guns, 
the  Blonde,  of  thirty-two  guns,  the  Delight  sloop,  of  sixteen,  a  twenty 
gun  ship  of  John  Goodwick's,  and  two  row  gallies,  commanded  by 
Commodore  Grayton.  We  are  not  assured,  as  yet,  that  they  have 
landed  their  whole  force.  Indeed,  they  give  out  themselves,  that 
after  drawing  the  force  of  this  State  to  Suffolk,  they  mean  to  go 
to  Baltimore.  Their  movements  had  induced  me  to  think  they 
came  with  an  expectation  of  meeting  with  Lord  Cornwallis  in  this 
country,  that  his  precipitate  retreat  has  left  them  without  a  con- 
certed object,  and  that  they  were  waiting  further  orders.  Infor- 
mation of  this  morning  says,  that  being  informed  of  Lord  Corn- 
wallis's  retreat,  and  a  public  paper  having  been  procured  by  them , 
wherein  were  printed  the  several  dispatches  which  brought  this 
intelligence  from  General  Gates,  they  unladed  a  vessel  and  sent 
her  off  to  Charleston  immediately.  The  fate  of  this  army  of  theirs 
hangs  on  a  very  slender  naval  force,  indeed. 

The  want  of  barracks  at  fort  Frederick,  as  represented  by  Co- 
lonel Wood,  the  difficulty  of  getting  wagons  sufficient  to  move  the 
whole  Convention  troops,  and  the  state  of  uneasiness  in  which 
the  regiment  of  guards  is,  have  induced  me  to  think  it  would  be 
better  to  move  these  troops  in  two  divisions ;  and  as  the  whole 
danger  of  desertion  to  the  enemy,  and  correspondence  with  the 
disaffected  in  our  southern  counties,  is  from  the  British  only,  (for 
from  the  Germans  we  have  no  apprehensions  on  either  head,)  we 
have  advised  Colonel  Wood  to  move  on  the  British  in  the  first  di- 
vision, and  to  leave  the  Germans  in  their  present  situation,  to  form 
a  second  division,  when  barracks  may  be  erected  at  fort  Frederick. 
By  these  means,  the  British  may  march  immediately  under  the 
guard  of  Colonel  Crochet's  battalion,  while  Colonel  Taylor's  regi- 
ment of  guards  remains  with  the  Germans.  I  cannot  suppose  this 
will  be  deemed  such  a  separation  as  is  provided  against  by  the 
Convention,  nor  tliat  their  officers  will  wish  to  have  the  whole 
troops  crowded  into  barracks,  probably  not  sufficient  for  half  of 
them.  Should  they,  however,  insist  on  their  being  kept  together, 
I  suppose  it  would  be  the  opinion  that  the  second  division  should 
follow  the  first  as  soon  as  possible,  and  that  their  being  exposed,  in 
that  case,  to  a  want  of  covering,  would  be  justly  imputable  to  them- 
selves only.     The  delay  of  the  second  division,  will  lessen  the  dis- 


.  196 

tress  for  provisions,  which  may,  perhaps,  take  place  on  their  first 
going  to  the  new  post,  before  matters  are  properly  arranged. 
I  have  the  honor  to  be,  with  great  esteem  and  respect, 
your  Excellency's 

most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


LETTER    XXXIII. 
TO    HIS    EXCELLENCY    GENERAL    WASHINGTON. 

Richmond,  November  10, 1780. 

Sir, 
I  enclose  your  Excellency  a  copy  of  an  intercepted  letter  from 
Major  General  Leslie,  to  Lord  Cornwallis."^  It  was  taken  from 
a  person  endeavoring  to  pass  through  the  country  from  Portsmouth 
towards  Carolina.  When  apprehended,  and  a  proposal  made  to 
search  him,  he  readily  consented  to  be  searched,  but,  at  the  same 
time,  was  observed  to  put  his  hand  into  his  pocket  and  carry  some- 
thing towards  his  mouth,  as  if  it  were  a  quid  of  tobacco :  it  was 
examined,  and  found  to  be  a  letter,  of  which  the  enclosed  is  a 
copy,  written  on  silk  paper,  rolled  up  in  gold  beater's  skin,  and 
nicely  tied  at  each  end,  so  as  not  to  be  larger  than  a  goose  quill. 
As  this  is  the  first  authentic  disclosure  of  their  purpose  in  coming 
here,  and  may  serve  to  found,  with  somewhat  more  of  certainty, 
conjectures  respecting  their  future  movements,  while  their  disap- 
pointment in  not  meeting  with  Lord  Cornwallis,  may  occasion  new 
plans  at  New  York,  I  thought  it  worthy  of  communication  to  your 
Excellency. 

Some  deserters  were  taken  yesterday,  said  to  be  of  the  British 
Convention  troops,  who  had  found  means  to  get  to  the  enemy  at 
Portsmouth,  and  were  seventy  or  eighty  miles  on  their  way  back 
to  the  barracks,  when  they  were  taken.  They  were  passing  un- 
der the  guise  of  deserters  from  Portsmouth. 

I  have  the  honor  to  be,  with  the  greatest  esteem  and  respect, 
your  Excellency's  most  obedient 

and  most  humble  servant, 

Th:  Jefferson. 

[*  See  Appendix,  note  F.] 


197 


LETTER    XXXIV. 

TO    HIS    EXCELLENCY    GENERAL   WASHINGTON. 

Richmond,  November  26, 1780. 
Sir, 
I  have  been  honored  with  your  Excellency's  letter  of  the  8th 
instant.  Having  found  it  impracticable  to  mov^,  suddenly,  the 
whole  Convention  troops,  British  and  German,  and  it  being  rep- 
resented that  there  could  not,  immediately,  be  covering  provided 
for  them  all  at  Fort  Frederick,  we  concluded  to  march  off  the 
British  first,  from  whom  was  the  principal  danger  of  desertion, 
and  to  permit  the  Germans,  who  shew  litde  disposition  to  join  the 
enemy,  to  remain  in  their  present  quarters  till  something  further  be 
done.  The  British,  accordingly,  marched  the  20th  instant.  They 
cross  the  Blue  Ridge  at  Rock  Fish  gap,  and  proceed  along  that 
valley.  I  am  to  apprise  your  Excellency,  that  the  officers  of  every 
rank,  both  Bridsh  and  German,  but  particularly  the  former,  have 
purchased  within  this  State  some  of  the  finest  horses  in  it.  You 
will  be  pleased  to  determine,  whether  it  be  proper  that  they  carry 
them  within  their  lines.  I  believe  the  Convention  of  Saratoga 
entitles  them  to  keep  the  horses  they  then  had.  But  I  presume 
none  of  the  line  below  the  rank  of  field  officers,  had  a  horse. 
Considering  the  British  will  be  now  at  Fort  Frederick,  and  the*? 
Germans  in  Albemarle,  Alexandria  seems  to  be  the  most  central 
point  to  which  there  is  navigadon.  Would  it  not,  therefore,  be 
better  that  the  flag  vessel,  solicited  by  General  Phillips,  should  go 
to  that  place  ?  It  is  about  equally  distant  from  the  two  posts.  The 
roads  to  Albemarle  are  good.  I  know  not  how  those  are  which 
lead  to  Fort  Frederick.  Your  letter  referring  me  ~to  General 
Green,  for  the  mode  of  constructing  light  portable  boats,  unfortu- 
nately, did  not  come  to  hand  dll  he  had  left  us.  We  had  before 
determined  to  have  something  done  in  diat  way,  and  as  they  are 
still  unexecuted,  we  should  be  greatly  obliged  by  any  draughts  or 
hints,  which  could  be  given  by  any  person  within  the  reach  of  your 
Excellency. 

I  received  advice,  that  on  the  22nd  instant,  the  enemy's  fleet 
got  all  under  way,  and  were  standing  towards  the  capes :  as  it  still 
remained  undecided,  whether  they  would  leave  the  bay,  or  turn 
up  it,  I  waited  the  next  stage  of  information,  that  you  might  so 
far  be  enabled  to  judge  of  their  destination.  This  I  hourly  ex- 
pected, but  it  did  not  come  till  this  evening,  when  I  am  informed 
they  all  got  out  to  sea  in  the  night  of  the  22nd.     What  course 


198 

they  steered  afterwards,  is  not  known.  I  must  do  their  General 
and  Commander  the  justice  to  say,  that  in  every  case  to  which 
tlieir  attention  and  influence  could  reach,  as  far  as  I  have  been 
well  informed,  their  conduct  was  such  as  does  them  the  greatest 
honor.  In  the  few  instances  of  wanton  and  unnecessary  devasta- 
tion, they  punished  the  aggressors. 
I  have  the  honor  to  be, 

your  Excellency's 

most  obedient  humble  servant, 

Th:  Jefferson. 


LETTER    XXXV. 
TO    HIS    EXCELLENCY    GENERAL    WASHINGTON. 

Richmond,  December  15,  1780. 

Sir, 
I  had  the  honor  of  writing  to  your  Excellency  on  the  subject  of 
an  expedition  contemplated  by  this  State,  against  the  British  post 
at  Detroit,  and  of  receiving  your  answer  of  October  the  10th. 
Since  the  date  of  my  letter,  the  face  of  things  has  so  far  changed, 
as  to  leave  it  no  longer  optional  in  us  to  attempt  or  decline  the 
expedition,  but  compels  us  to  decide  in  the  affirmative,  and  to  be- 
-|^gin  our  preparations  immediately.  The  army  the  enemy  at  pre- 
sent have  in  the  south,  the  reinforcements  still  expected  there,  and 
their  determination  to  direct  their  future  exertions  to  that  quarter, 
are  not  unknown  to  you.  The  regular  force  proposed  on  our  part 
to  counteract  those  exertions,  is  such,  either  from  the  real  or  sup- 
posed inability  of  this  State,  as  by  no  means  to  allow  a  hope  that  it 
may  be  effectual.  It  is,  therefore,  to  be  expected  that  the  scene  of 
war  will  either  be  within  our  country,  or  very  nearly  advanced  to 
it ;  and  tiiat  our  principal  dependance  is  to  be  on  militia,  for  which 
reason,  it  becomes  incumbent  to  keep  as  great  a  proportion  of  our 
people  as  possible,  free  to  act  in  that  quarter.  In  the  mean  time, 
a  combination  is  forming  iri  the  westward,  which,  if  not  diverted, 
will  call  thither  a  principal  and  most  valuable  part  of  our  militia. 
From  intelligence  received,  we  have  reason  to  expect  that  a  con- 
federacy of  British  and  Indians,  to  the  amount  of  two  thousand 
men,  is  formed  for  the  purpose  of  spreading  destruction  and  dis- 
may through  the  whole  extent  of  our  frontier,  in  the  ensuing 
spring.  Should  this  take  place,  we  shall  certainly  lose  in  the  South 
all  aids  of  militia  beyond  the  Blue  Ridge,  besides  the  inhabitants 
who  must  fall  a  sacrifice  in  the  course  of  the  savage  irruptions. 


199 

There  seems  to  be  but  one  method  of  preventing  this,  which  is, 
to  give  the  western  enemy  employment  in  their  own  country. 
The  regular  force  Colonel  Clarke  already  has,  with  a  proper 
draft  from  the  militia  beyond  the  Alleganey,  and  that  of  three  or 
four  of  our  most  nortliern  counties,  will  be  adequate  to  the  reduc- 
tion of  Fort  Detroit,  in  the  opinion  of  Colonel  Clarke  ;  and  he  as- 
signs the  most  probable  reasons  for  that  opinion.  We  have,  there- 
fore, determined  to  undertake  it,  and  commit  it  to  his  direction. 
Whether  the  expense  of  the  enterprise  shall  be  defrayed  by  the  Con- 
tinent or  State,  we  will  leave  to  be  decided  hereafter,  by  Congress, 
in  whose  justice  we  can  confide,  as  to  the  determination.  In  the 
mean  time,  we  only  ask  the  loan  of  such  necessaries  as,  being  al- 
ready at  Fort  Pitt,  will  save  time  and  an  immense  expense  of 
transportation.  These  articles  shall  either  be  identically  or  speci- 
fically returned  ;  should  we  prove  successful,  it  is  not  improbable 
they  may  be  w^iere  Congress  would  choose  to  keep  them.  I  am, 
therefore,  to  solicit  your  Excellency's  order  to  the  commandant 
at  Fort  Pitt,  for  the  articles  contained  in  the  annexed  list,  which 
shall  not  be  called  for  until  every  thing  is  in  readiness ;  after  which, 
there  can  be  no  danger  of  their  being  wanted  for  the  post  at  which 
they  are  :  indeed,  there  are  few  of  the  articles  essential  for  tlie 
defence  of  the  post. 

1  hope  your  Excellency  will  think  yourself  justified  in  lending 
us  this  aid,  without  awaiting  the  effect  of  an  application  elsewhere, 
as  such  a  delay  would  render  the  undertaking  abortive,  by  post- 
poning it  to  the  breaking  up  of  the  ice  in  the  lake.  Independent 
of  the  favorable  effects,  which  a  successful  enterprise  against  De- 
troit must  produce  to  the  United  States,  in  general,  by  keeping 
in  quiet  the  frontier  of  the  northern  ones,  and  leaving  our  western 
militia  at  liberty  to  aid  those  of  the  South,  we  think  the  like 
friendly  office  performed  by  us  to  the  States,  whenever  desired, 
and  almost  to  the  absolute  exhausture  of  our  own  magazines,  give 
well  founded  hopes  that  we  may  be  accommodated  on  this  occa- 
sion. The  supplies  of  military  stores,  which  have  been  furnished 
by  us  to  Fort  Pitt  itself,  to  the  northern  army,  and,  most  of  all,  to 
the  southern,  are  not  altogether  unknown  to  you.  I  am  the  more 
urgent  for  an  immediate  order,  because  Colonel  Clarke  awaits 
here  your  Excellency's  answer  by  the  express,  though  his  pre- 
sence in  the  western  country,  to  make  preparations  for  the  expe- 
dition, is  so  very  necessary,  if  you  enable  him  to  undertake  it. 
To  the  above,  1  must  add  a  request  to  you  to  send  for  us  to  Pitts- 
burg, persons  proper  to  work  the  mortars,  &tc.  as  Colonel  Clarke 
has  none  such,  nor  is  there  one  in  this  State.     They  shall  be  in 


>i 


# 


900 

the  pay  of  this  State,  from  the  time  they  leave  you.  Any  money 
necessary  for  their  journey,  shall  be  repaid  at  Pittsburg,  without 
fail,  by  the  first  of  March. 

At  the  desire  of  the  General  Assembly,  I  take  the  liberty  of 
transmitting  to  you  the  enclosed  resolution ;  and  have  the  honor 
to  be,  with  the  most  perfect  esteem  and  regard, 
your  Excellency's 

most  obedient,  and 

most  humble  servant, 

Th:  Jefferson. 


LETTER    XXXVI. 
TO    HIS    EXCELLENCY    GENERAL    WASHINGTON. 

Richmond,  J^inuary  10,  1781. 

Sir, 

It  may  seem  odd,  considering  the  important  events  which  have 
taken  place  in  this  State  within  the  course  of  ten  days,  that  I 
should  not  have  transmitted  an  account  of  them  to  your  Excel- 
lency ;  but  such  has  been  their  extraordinary  rapidity,  and  such 
the  unremitted  attention  they  have  required  from  all  concerned  in 
government,  that  I  do  not  recollect  the  portion  of  time  which  I 
could  have  taken  to  commit  them  to  paper. 

On  the  31st  of  December,  a  letter  from  a  private  gentleman  t9 
General  Nelson,  came  to  my  hands,  notifying,  that  in  the  morn- 
ing of  the  preceding  day,  twenty-seven  sail  of  vessels  had  entered 
the  capes ;  and  from  the  tenor  of  the  letter,  we  had  reason  to 
expect,  within  a  few  hours,  further  intelligence  ;  whether  they 
were  friends  or  foes,  their  force,  and  other  circumstances.  We 
immediately  despatched  General  Nelson  to  the  lower  country, 
with  powers  to  call  on  the  militia  in  that  quarter,  or  act  otherwise 
as  exigencies  should  require  ;  but  waited  further  intelligence,  be- 
fore we  would  call  for  militia  from  the  middle  or  upper  country. 
No  further  intelligence  came  till  the  2nd  instant,  when  the  former 
was  confirmed ;  it  was  ascertained  they  had  advanced  up  James 
river  to  Wanasqueak  bay.  All  arrangements  were  immediately 
taken,  for  calling  in  a  suflicient  body  of  militia  for  opposition.  In 
the  night  of  the  3rd,  we  received  advice  that  they  were  at  anchor 
opposite  Jamestown  ;  we  then  supposed  Williamsburg  to  be  their 
object.  The  wind,  however,  which  had  hidierto  been  unfavora- 
ble, shifted  fair,  and  the  tide  being  also  in  their  favor,  they  as- 
cended the  river  to  Kennons'  that  evening,  and,  witli  the  next  tide. 


201 

came  up  lo  Westover,  having,  on  their  way,  taken  possession  of 
some  works  we  had  at  Hood's,  by  which  two  or  three  of  their 
vessels  received  some  damage,  but  which  were  of  necessity  aban- 
doned by  the  small  garrison  of  fifty  men  placed  there,,  on  the 
enemy's  landing  to  invest  the  works.  Intelligence  of  their  having 
quitted  the  station  at  Jamestown,  from  which  we  supposed  they 
meant  to  land  for  Williamsburg,  and  of  their  having  got  in  the 
evening  to  Kennon's,  reached  us  the  next  morning  at  five  o'clock, 
and  was  the  first  indication  of  their  meaning  to  penetrate  towards 
this  place  or  Petersburg.  As  the  orders  for  drawing  militia  here, 
had  been  given  but  two  days,  no  opposition  was  in  readiness. 
Every  effort  was  therefore  necessary,  to  withdraw  the  arms  and 
other  military  stores,  records,  he.  from  this  place.  Every  effort 
was,  accordingly,  exerted  to  convey  them  to  the  foundery  five 
miles,  and  to  a  laboratory  six  miles,  above  this  place,  till  about 
sunset  of  that  day,  when  we  learned  the  enemy  had  come  to  an 
anchor  at  Westoyer  that  morning.  We  then  knew  that  this,  and 
not  Petersburg  was  their  object,  and  began  to  carry  across  the 
river  every  thing  remaining  here,  and  to  remove  what  had  been 
transported  to  the  foundery  and  laboratory  to  Westham,  the 
nearest  crossing,  seven  miles  above  this  place,  which  operation 
was  continued  till  they  had  approaclied  very  near.  They  march- 
ed from  Westover,  at  two  o'clock  in  the  afternoon  of  the  4th,  and 
entered  Richmond  at  one  o'clock  in  the  afternoon  of  the  5th.  A 
regiment  of  infantry  and  about  thirty  horse  continued  on,  without 
halting,  to  the  foundery.  They  burnt  that,  the  boring  mill,  the 
magazine  and  two  othep  houses,  and  proceeded  to  Westham ;  but 
nothing  being  in  their  power  there,  they  retired  to  Richmond. 
The  next  morning,  they  burned  some  buildings  of  public  and  private 
property,  with  what  stores  remained  in  them,  destroyed  a  great 
quantity  of  private  stores,  and  about  twelve  o'clock,  retired  to- 
wards Westover,  where  they  encamped  within  the  neck,  the  next 
day. 

The  loss  sustained,  is  not  yet  accurately  known.  As  far  as  I 
have  been  able  to  discover,  it  consisted,  at  this  place,  of  about 
three  hundred  muskets,  some  soldiers'  clothing  to  a  small  amount, 
some  quarter  master's  stores,  of  which  one  hundred  and  twenty 
sides  of  leather  was  tlie  principaiarticle,  part  of  tlie  artificers'  tools, 
and  three  wagons.  Besides  which,  five  brass  four  pounders 
which  we  had  sunk  in  die  river,  were  discovered  to  them,  raised 
and  carried  off.  At  the  foundery,  we  lost  the  greater  part  of  the 
papers  belonging  to  the  Auditor's  office,  and  of  the  books  and  pa- 
pers of  the  Council  office.  About  five  or  six  tons  of  powder,  as 
we  conjecture,  was  thrown  into  the  canal,  of  which  there  will  be 
VOL.  I.  26 


202 

a  considerable  saving  by  re-manufacturing  it.  The  roof  of  the 
foundery  was  burned,  but  the  stacks  of  chimneys  and  furnaces 
not  at  all  injured.  The  boring  mill  was  consumed.  Within  less 
than  forty-eight  hours  from  tlie  time  of  their  landing,  and  nineteen 
from  our  knowing  their  destination,  they  had  penetrated  thirty- 
three  miles,  done  the  whole  injury,  and  retired.  Their  numbers, 
from  the  best  intelligence  I  have  had,  are  about  fifteen  hundred 
infantry,  and  as  to  their  cavalry,  accounts  vary  from  fifty  to  one 
hundred  and  twenty ;  the  whole  commanded  by  the  parricide 
Arnold.  Our  militia,  dispersed  over  a  large  tract  of  country,  can 
be  called  in  but  slowly.  On  the  day  the  enemy  advanced  to  this 
place,  two  hundred  only  were  embodied.  They  were  of  this 
town  and  its  neighborhood,  and  were  too  few  to  do  any  thing. 
At  this  time,  they  are  assembled  in  pretty  considerable  numbers 
on  the  south  side  of  James  river,  but  are  not  yet  brought  to  a  point. 
On  the  north  side  are  two  or  three  small  bodies,  amounting  in  the 
whole,  to  about  nine  hundred  men.  The  enemy  were  at  four 
o'clock  yesterday  evening,  still  remaining  in  their  encampment  at 
Westover  and  Berkeley  neck.  In  the  mean  while.  Baron  Steu- 
ben, a  zealous  friend,  has  descended  from  the  dignity  of  his  pro- 
per command  to  direct  our  smallest  movements.  His  vigilance 
has,  in  a  great  measure,  supplied  the  want  of  force  in  preventing 
the  enemy  from  crossing  the  river,  which  might  have  been  very 
fatal.  He  has  been  assiduously  employed  in  preparing  equip- 
ments for  the  militia,  as  diey  should  assemble,  in  pointing  them  to 
a  proper  object,  and  in  other  offices  of  a  good  commander. 
Should  they  loiter  a  little  longer,  and  he  be  able  to  have  a  suffi- 
cient force,  I  still  flatter  myself  they  will  not  escape  with  total  im- 
punity. To  what  place  they  will  point  their  next  exertions,  we 
cannot  even  conjecture.  The  whole  country  on  the  tide  waters 
and  some  distance  from  them,  is  equally  open  to  similar  insult.  I 
have  the  honor  to  be,  with  every  sentiment  of  respect, 
your  Excellency's 

most  obedient,  and 

most  humble  servant, 
#  Th:  Jefferson. 

■       .^ 


203 


LETTER    XXXVIl. 
TO    HIS    EXCELLENCY   THE    PRESIDENT    OF    CONGRESS. 

Richmond,  January  15,  1781. 

Sir, 

As  the  dangers  which  threaten  our  western  frontiers,  the  ensuing 
spring,  render  it  necessary  that  we  should  send  thither  Colonel 
Crocket's  battalion,  at  present  on  guard  at  Fredericktown,  but  raised 
for  the  western  service,  1  thought  it  necessary  to  give  your  Excel- 
lency previous  information  thereof,  that  other  forres  may  be  pro- 
vided in  time  to  succeed  to  their  duties.  Captain  Read's  troop 
of  horse,  if  necessary,  may  be  continued  a  while  longer  on  guard. 
I  have  the  honor  to  be,  with  the  greatest  respect, 
your  Excellency's  most  obedient, 

and  most  humble  servant, 

Th:  Jefferson. 


LETTER    XXXVIII. 
TO    HIS    EXCELLENCY    THE    PRESIDENT    OF    CONGRESS. 

Richmond,  January  15,  1781. 

Sir, 

I  received  some  time  ago  from  Major  Forsyth,  and  afterwards 
from  you,  a  requisition  to  furnish  one  half  the  supplies  of  provision 
for  the  Convention  troops,  removed  into  Maryland.  I  should 
sooner  have  done  myself  the  honor  of  WTiting  to  you  on  this  sub- 
ject, but  that  I  hoped  to  have  laid  it  before  you  more  fuJfy  than 
could  be  done  in  writing,  by  a  gendeman  who  was  to  pass  on  other 
public  business  to  Philadelphia.  The  late  events  Jn  this  State 
having  retarded  his  setting  out,  I  think  it  my  duty  no  longer  to 
postpone  explanation  on  this  head. 

You  cannot  be  unapprised  of  the  powerful  armies  of  our  ene- 
my, at  this  time  in  this  and  |he  southern  States,  and  tliat  their 
future  plan  is  to  push  their  successes  in  th^  same  quarter,  by  still 
larger  reinforcements.  The  forces  to  be  opposed  to  these,  must 
be  proportionably  great,  and  these  for<^es  must  be  fed.  By  whom 
are  they  to  be  fed.^  Georgia  and  South  Carolina  are  annihilated, 
at  least,  as  to  us.  By  the  requisition  to  us  to  send  provisions  into 
Maryland,  it  is  to  be  supposed  that  none  are  to  come  to  the  southern 
army,  from  any  State  north  of  this ;  for  it  would  seem  inconsis- 


204     . 

tent,  that  while  we  should  be  sending  North,  Maryland  and  other 
States  beyond  that,  should  be  sending  their  provisions  South. 
Upon  North  Carolina,  then,  already  exhausted  by  the  ravages  of 
two  armies,  and  on  this  State,  are  to  depend  for  subsistence  those 
bodies  of  men,  who  are  to  oppose  the  greater  part  of  the  enemy's 
force  in  the  United  States,  the  subsistence  of  the  German,  and 
of  half  the  British  Conventioners.  To  take  a  view  of  this  matter 
on  the  Continental  requisitions  of  November  the  4th,  1780,  for 
specific  quotas  of  provisions,  it  is  observable  that  North  Carolina  and 
Virginia,  are  to  furnish  10,475,740  pounds  of  animal  food,  and 
13,529  barrels  of  flour,  while  the  States  north  of  these,  will  yield 
25,293,810  pounds  of  animal  food,  and  106,471  barrels  of  flour. 
If  the  greater  part  of  the  British  armies  be  employed  in  the 
South,  it  is  to  be  supposed  that  the  greater  part  of  the  American 
force  will  be  sent  there  to  oppose  them.  But  should  this  be  the 
case,  while  the  distribution  of  the  provisions  is  so  very  unequal, 
would  it  be  proper  to  render  it  still  more  so,  by  withdrawing 
a  part  of  our  contributions  to  the  support  of  posts  northward  of 
us  ?  It  would  certainly  be  a  great  convenience  to  us,  to  deliver  a 
portion  of  our  specifics  at  Fredericktown,  rather  than  in  Carolina : 
but  1  leave  it  to  you  to  judge,  whether  this  w^ould  be  consistent 
with  the  general  good  or  safety.  Instead  of  sending  aids  of  any 
kind  to  the  northward,  it  seems  but  too  certain  that  unless  very 
timely  and  substantial  assistance  be  received  from  thence,  our  ene- 
mies are  yet  far  short  of  the  ultimate  term  of  their  successes.  I 
beg  leave,  therefore,  to  refer  to  you  whether  the  specifics  of  Ma- 
ryland, as  far  as  shall  be  necessary,  had  not  better  be  applied  to  the 
support  of  the  posts  within  it,  for  which  its  quota  is  much  more  than 
sufficient,  or,  were  it  otherwise,  whether  those  of  the  States  north 
of  Maryland,  had  not  better  be  called  on,  than  to  detract  any  thing 
from  the  resources  of  the  southern  opposition,  already  much  too 
small  for  the  encounter  to  which  it  is  left.  I  am  far  from  wishing 
to  count  or  measure  our  contributions  by  the  requisitions  of  Con- 
gress. Were  they  ever  so  much  beyond  these,  I  should  readily 
strain  them  in  aid  of  any  one  of  our  sister  States.  But  while  they 
are  so  far  short  of  those  calls  to  which  they  must  be  pointed  in 
the  first  instance,  it  would  be  great ,  misapplication  to  divert  them 
to  any  other  purpose  :  nnd  I  am  persuaded  you  will  think  me  per- 
fectly within  the  line  of  duty,  when  I  ask  a  revisal  of  this  requisi- 
tion. 

I  have  the  honor  to  be,  with  the  greatest  respect. 
Sir,  your  most  obedient, 

and  most  humble  servant, 

'^  Th:  Jefferson. 


• 


905 


LETTER    XXXIX. 

TO    HIS    EXCELLENCY    THE    PRESIDENT    OF    CONGRESS. 

Richmond,  January  17, 1781: 
Sir, 

I  do  myself  the  honor  of  transmitting  to  your  ExceUency,  a  re- 
solution of  the  General  Assembly  of  this  Commonwealth,  entered 
into  in  consequence  of  the  resolution  of  Congress  of  September  the 
6th,  1780,  on  the  subject  of  the  Confederation.  I  shall  be  render- 
ed very  happy  if  the  other  States  of  the  Union,  equally  impressed 
with  the  necessity  of  that  important  convention,  shall  be  willing  to 
sacrifice  equally  to  its  completion.  This  single  event,  could  it 
take  place  shortly,  would  overweigh  every  success  which  the  ene- 
my have  hitherto  obtained,  and  render  desperate  the  hopes  to 
which  those  successes  have  given  birth. 

I  have  the  honor  to  be,  with  the  most  real  esteem  and  respect, 
your  Excellency's  most  obedient, 

and  most  humble  servant, 

Th:  Jefferson. 


LETTER    XL. 

TO    THE    VIRGINIA    DELEGATES  IN  CONGRESS. 

Richmond,  January  18, 1781. 
Gentlemen, 

I  enclose  you  a  Resolution  of  Assembly,  directing  your  conduct 
as  to  the  navigation  of  the  Mississippi. 

The  loss  of  powder  lately  sustained  by  us  (about  five  tons,)  to- 
gether with  the  quantities  sent  on  to  the  southward,  have  reduced 
our  stock  very  low  indeed.  We  lent  to  Congress,  in  the  course 
of  the  last  year,  (previous  to  our  issues  for  the  southern  army,) 
about  ten  tons  of  powder.  I  shall  be  obliged  to  you,  to  procure 
an  order  from  the  board  of  war,  for  any  quantity  from  five  to  ten 
tons,  to  be  sent  us  immediately  from  Philadelphia  or  Baltimore, 
and  to  enquire  into  and  hasten,  from  time  to  time,  the  execution 
of  it.  The  stock  of  cartridge  paper  is  nearly  exhausted.  I  do  not 
know  whether  Captain  Irish,  or  what  other  oflicer,  should  apply 
for  this.  It  is  essential  th^tt  a  good  stock  should  be  forwarded, 
and  without  a  moment's  delay.  If  there  be  a  rock  on  which  we 
are  to  split,  it  is  the  want  of  muskets,  bayone^ts  and  cartouch  boxes. 

The  occurrences  since  my  last  to  the  President,  are  not  of  any 
magnitude.     Three   little  rencounters  have  happened  with  the 


1 


206 


enemy.  In  the  first,  General  Smallwood  led  on  a  party  of  two 
or  three  hundred  militia,  and  obliged  some  armed  vessels  of  the 
enemy  to  retire  from  a  prize  they  had  taken  at  Broadway's,  and 
renewing  his  attack  the  next  day  with  a  four  pounder  or  two,  (for 
on  the  first  day  he  had  only  muskets)  he  obliged  some  of  their  ves- 
sels to  fall  down  from  City  Point  to  their  main  fleet  at  Westover. 
The  enemy's  loss  is  not  known ;  ours  was  four  men  wounded. 
One  of  the  evenings,  during  their  encampment  at  Westover  and 
Berkeley,  their  hght  horse  surprised  a  party  of  about  one  hundred 
or  one  hundred  and  fifty  militia  at  Charles  City  Court  House,  kill- 
ed and  wounded  four,  and  took,  as  has  been  generally  said,  about 
seven  or  eight.  On  Baron  Steuben's  approach  towards  Hood's, 
they  embarked  at  Westover ;  the  wind  which,  till  then,  had  set 
directly  up  the  river  from  the  time  of  their  leaving  Jamestown, 
shifted  in  the  moment  to  the  opposite  point.  Baron  Steuben  had 
not  reached  Hood's,  by  eight  or  ten  miles,  when  they  arrived 
there.  They  landed  their  whole  army  in  the  night,  Arnold  attend- 
ing in  person.  Colonel  Clarke  (of  Kaskaskias)  had  been  sent  on 
with  two  hundred  and  forty  men  by  Baron  Steuben,  and  having 
properly  disposed  of  them  in  ambuscade,  gave  them  a  deliberate 
fire,  which  killed  seventeen  on  tlie  spot,  and  wounded  thirteen. 
They  returned  it  in  confusion,  by  which  we  had  three  or  four 
wounded,  and  our  party  being  so  small  and  without  bayonets, 
were  obliged  to  retire,  on  the  enemy's  charging  with  bayonets. 
They  fell  down  to  Cobham,  whence  they  carried  all  the  tobacco 
there  (about  sixty  hogsheads) ;  and  the  last  intelligence  was,  that 
on  the  16th  they  were  standing  for  New-ports-news.  Baron  Steu- 
ben is  of  opinion,  they  are  proceeding  to  fix  a  post  in  some  of  the 
lower  counties.  Later  information  has  given  no  reason  to  believe 
their  force  more  considerable  than  we  at  first  supposed.  I  think, 
since  the  arrival  of  the  three  transports  which  had  been  separated  in 
a  storm,  they  may  be  considered  as  about  two  thousand  strong. 
Their  naval  force,  according  to  the  best  intelligence,  is  the  Charon, 
of  forty-four  guns.  Commodore  Symmonds,  the  Amphitrite,  Iris, 
Thames,  and  Charlestown  frigates,  the  Forvey,  of  twenty  guns, 
two  sloops  of  war,  a  privateer  ship  and  two  brigs.  We  have  about 
thirty-seven  hundred  militia  embodied,  but  at  present,  they  are 
divided  into  three  distant  encampments  :  one  under  General  Weed- 
en,  at  Fredericksburg,  for  the  protection  of  the  important  works 
there ;  another  under  General  Nelson,  at  and  near  Williamsburg ; 
and  a  third  under  Baron  Steuben,  at  Cabin  Point.  As  soon  as 
the  enemy  fix  themselves,  these  will  be  brought  to  a  point. 

I  have  the  honor  to  be,  with  very  great  respect,  gentlemen,^ 
•  ■  your  most  obedient  servant,  ^ 

Th:  Jefferson. 


207 


LETTER  XLI. 
TO    HIS    EXCELLENCY    GENERAL    WASHINGTON. 

Richmond,  February  8, 1781. 

Sir, 
I  have  just  received  intelligence,  which,  though  from  a  private 
hand,  I  believe  is  to  be  relied  on,  that  a  fleet  of  the  enemy's  ships 
have  entered  Cape  Fear  river,  that  eight  of  them  had  got  over 
the  bar,  and  many  otliers  were  laying  off;  and  that  it  was  supposed 
to  be  a  reinforcement  to  Lord  Cornwallis,  under  the  command  of 
General  Prevost.  This  account,  which  had  come  tlirough  anotlier 
channel,  is  confirmed  by  a  letter  from  General  Parsons  at  Halifax, 
to  the  gentleman  who  forwards  it  to  me.  I  thought  it  of  sufficient 
importance  to  be  communicated  to  your  Excellency  by  the  sta- 
tioned expresses.  The  fatal  want  of  arms,  puts  it  out  of  our  power 
to  bring  a  greater  force  into  the  field,  than  will  barely  suffice  to  re- 
strain the  adventures  of  the  pitiful  body  of  men  they  have  at  Ports- 
mouth. Should  any  more  be  added  to  them,  this  country  will  be 
perfectly  open  to  them,  by  land  as  well  as  water. 
I  have  the  honor  to  be,  with  all  possible  respect. 
Your  Excellepcy's  most  obedient, 

and  most  humble  servant,    f 

Th:  Jefferson. 


LETTER  XLII. 

TO    HIS    excellency   GENERAL   WASHINGTON. 

"^  Richmond,  February  12,  1781. 

SiBf, 

The  enclosed  extract  of  a  letter  from  Governor  Nash,  which  I 
received  tliis  day,  being  a  confirmation  of  the  intelligence  I  transr 
mitted  in  a  former  letter,  I  take  the  liberty  of  transmitting  it  to 
your  Excellency.  I  am  informed,  through  a  private  channel  on 
which  I  have  considerable  reliance,  that  the  enemy  had  landed 
five  hundred  troops  under  the  command  of  a  Major  Craig,  who 
were  joined  by  a  number  of  disaffected ;  that  they  had  penetrated 
forty  miles ;  that  their  aim  appeared  to  be  the  magazine  at  Kings- 
ton, from  which  place  they  were  about  twenty  miles  distant. 

Baron  Steuben  transmits  to  your  Excellency,  a  letter  from 
General  Greene,  by  which  you  will  learn  the  events  which  have 


208 

taken  place  in  that  quarter  since  the  defeat  of  Colonel  Tarleton, 
by  General  Morgan.  These  events  speak  best  for  themselves,  and 
no  doubt  will  suggest  what  is  necessary  to  be  done  to  prevent  the 
successive  losses  of  State  after  State,  to  which  the  want  of  arms 
and  of  a  regular  soldiery,  seem  more  especially  to  expose  those  in 
the  South. 

I  have  the  honor  to  be,  with  every  sentiment  of  respect, 
your  Excellency's  most  obedient, 

and  most  humble  servant, 

Th:  Jefferson. 


LETTER    XLIII. 
TO    HIS    EXCELLENCY    GENERAL    WASHINGTON. 

Richmond,  February  17,  1781. 

Sir, 

By  a  letter  from  General  Greene,  dated  Guilford  Court  House, 
February  10th,  we  are  informed  that  Lord  Cornwallis  had  burned 
his  own  wagons,  in  order  to  enable  himself  to  move  with  greater 
facility,  and  had  pressed  immediately  on.  The  prisoiiers  taken  at 
the  Cow-pens,  were  happily  saved  by  the  accidental  rise  of  a 
water  course,  which  gave  so  much  time  as  to  withdraw  them  from 
the  reach  of  the  enemy.  Lord  Cornwallis  had  advanced  to  the 
vicinities  of  the  Moravian  towns,  and  was  ^till  moving  on  rapidly. 
His  object  was  supposed  to  be,  to  compel  Ceneral  Greene  to  an 
action,  which,  under  the  difference  of  force  they  had,  would  pro- 
bably be  ruinous  to  the  latter.  General  Greene  meant  to  retire  by 
the  way  of  Boyd's  ferry,  on  the  Roanoke.  As  yet  he  had  lost 
litde  or  no  stores  or  baggage,  but  they  were  far  from  being  safe. 
In  the  instant  of  receiving  this  intelligence,  we  ordered  a  reinforce- 
ment of  militia  to  him,  from  the  most  convenient  countie5  in  which 
there  was  a  hope  of  finding  any  arms.  Some  great  event  must 
arise  from  the  present  situation  of  things,  which,  for  a  long  time, 
will  determine  the  condition  of  southern  affairs. 

Arnold  lies  close  in  his  quarters.  Two  days  ago,  I  received  in- 
formation of  the  arrival  of  a  sixty-four  gun  ship  and  two  frigates  in 
our  bay,  being  part  of  the  fleet  of  our  good  ally  at  Rhode  Island. 
Could  they  get  at  the  British  fleet  here,  they  are  sufficient  to  de- 
stroy them ;  but  these  being  drawn  up  into  Elizabeth  river,  into 
which  the  sixty-four  cannot  enter,  I  apprehend  they  could  do  no- 
thing more  than  block  up  the  river.  This,  indeed,  would  reduce 
the  enemy,  as  we  could  cut  off  their  supplies  by  land ;  but  the 
operation  being  tedious,  would  probably  be  too  dangerous  for  the 


209 

auxiliary  force.  Not  having  yet  had  any  particular  information  of 
the  designs  of  the  French  Commander,  I  cannot  pretend  to  say 
what  measures  this  aid  will  lead  to. 

Our  proposition  to  the  Cherokee  Chiefs,  to  visit  Congress,  for 
tlie  purpose  of  preventing  or  delaying  a  rupture  with  that  nation, 
was  too  late.  Their  distresses  had  too  much  ripened  their  aliena- 
tion from  us,  and  the  storm  had  gathered  to  a  head,  when  Major 
Mardn  got  back.  It  was  determined  to  carry  the  war  into  their 
country,  rather  than  await  it  in  ours,  and  thus  disagreeably  cir- 
cumstanced, the  issue  has  been  successful. 

The  militia  of  this  State  and  North  Carolina  penetrated  into 
their  country,  burned  almost  every  town  they  had,  amounting  to 
about  one  thousand  houses  in  the  whole,  destroyed  fifty  thousand 
bushels  of  grain,  killed  twenty  nine,  and  took  seventeen  prisoners. 
The  latter  are  mostly  women  and  children. 
I  have  the  honor  to  be,  &:c. 
your  Excellency's 

most  obedient  humble  servant, 

Th:  Jefferson. 

P.  S.  Since  writing  the  above,  I  have  received  information  which, 
though  not  authentic,  deserves  attendon  :  that  Lord  Comwallis 
had  got  to  Boyd's  ferry  on  the  14th.  I  am  issuing  orders,  in  con- 
sequence, to  other  coundes,  to  embody  and  march  all  the  men 
they  can  arm.  In  this  fatal  situation,  without  arms,  there  will  be 
no  safety  for  the  Convention  troops  but  in  their  removal,  which  I 
shall  accordingly  order.  The  prisoners  of  the  Cowpens  were  at 
New  London  (Bedford  Court  House)  on  the  14th.  T.  J. 


LETTER   XLIV. 

TO    GENERAL    GATES. 

Richmond,  February  17, 1781. 
Dear  General, 

The  situation  of  affairs  here  and  in  Carolina,  is  such  as  must 
shortly  turn  up  important  events,  one  way  or  the  other.  By  letter 
from  General  Greene,  dated  Guilford  Court  House,  February  the 
10th,  T  learn  that  Lord  Comwallis,  rendered  furious  by  the  affair  at 
the  Cowpens  and  the  surprise  of  Greorgetown,  had  burned  his  own 
wagons,  to  enable  himself  to  move  with  facility,  had  pressed  on  to 
the  vicinity  of  the  Moravian  towns,  and  was  still  advancing.  The 
prisoners  taken  at  the  Cowpens,  were  saved  by  a  hair's  breadth 
VOL.  I.  27 


210 

accident,  and  Greene  was  retreating.  His  force,  two  thousand 
regulars,  and  no  militia;  Cornwallis's,  three  thousand.  General 
Davidson  was  killed  in  a  skirmish.  Arnold  lies  still  at  Portsmouth 
with  fifteen  hundred  men.  A  French  sixty-four  gun  ship,  and  two 
frigates  of  thirty-six  each,  arrived  in  our  bay  three  days  ago. 
They  would  suffice  to  destroy  the  British  shipping  here  (a  forty, 
four  frigates,  and  a  twenty,)  could  they  get  at  them.  But  these 
are  withdrawn  up  Elizabeth  river,  which  the  sixty-four  cannot  en- 
ter. We  have  ordered  about  seven  hundred  riflemen  from  Wash- 
ington, Montgomery  and  Bedford,  and  five  hundred  common 
militia  from  Pittsylvania  and  Henry,  to  reinforce  General  Greene ; 
and  five  hundred  new  levies  will  march  from  Chesterfield  Court 
House,  in  a  few  days.  I  have  no  doubt,  however,  that  the  south- 
western counties  will  have  turned  out  in  greater  numbers  before 
our  orders  reach  them. 

I  have  been  knocking  at  the  door  of  Congress  for  aids  of  all 
kinds,  but  especially  of  arms,  ever  since  the  middle  of  summer. 
The  speaker,  Harrison,  is  gone  to  be  heard  on  that  subject.  Jus- 
tice, indeed,  requires  that  we  should  be  aided  powerfully.  Yet  if 
they  would  repay  us  the  arms  we  have  lent  them,  we  should  give 
the  enemy  trouble,  though  abandoned  to  ourselves. 

After  repeated  applications,  I  have  obtained  a  warrant  for  your 
advance  money,  £18,000y  which  I  have  put  into  the  hands  of 
Mr.  McAlister,  to  receive  the  money  from  the  Treasurer,  and 
carry  it  to  you. 

I  am,  with  very  sincere  esteem, 

Dear  Sir,  your  friend  and  servant, 

Th:  Jefferson. 


LETTER  XLV. 

TO  HfS  EXCELLENCY  GENERAL  WASHINGTON. 

Richmond,  February  26, 1781. 
Sir, 

I  gave  you  information  in  my  last  letter,  that  General  Greene 
had  crossed  the  Dan,  at  Boyd's  ferry,  and  that  Lord  Cornwallis 
had  arrived  at  the  opposite  shore.  Large  reinforcements  of  mili- 
tia having  embodied  both  in  front  and  rear  of  the  enemy,  he  is 
retreating  with  as  much  rapidity  as  he  advanced;  his  route  is  to- 
wards Hillsborough.  General  Greene  re-crossed  the  Dan  on  the 
21st,  in  pursuit  of  him.    I  have  the  pleasure  to  inform  you,  that  tlie 


211 

spirit  of  opposition  was  as  universal,  as  could  have  been  wished 
for.  There  was  no  restraint  on  the  numbers  that  embodied,  but 
the  want  of  arms. 

The  British  at  Portsmouth,  lie  close  in  their  lines.  The  French 
squadron  keep  them  in  bj  water,  and  since  their  arrival,  as  they 
put  it  out  of  the  power  of  the  enemy  to  cut  off  our  retreat  by 
sending  up  Nansemond  river,  our  force  has  been  moved  down 
close  to  their  lines. 

I  have  the  honor  to  be,  with  the  greatest  respect, 
your  most  obedient 

and  most  humble  servant, 

Th:  Jefferson. 


LETTER    XLVr. 
TO    HIS    EXCELLENCY    GENERAL    WASHINGTON. 

Richmond,  March  8,  1781. 

Sir, 

I  had  the  pleasure  of  receiving  a  letter  from  Greneral  Greene, 
dated  High-rock  ford,  February  29th,  (probably  March  the  1st,) 
who  informs  me,  that  on  the  night  of  the  24th,  Colonel  M'Call 
surprised  a  subaltern's  guard  at  Hart's  mill,  killed  eight,  and 
wounded  and  took  nine  prisoners,  and  that  on  the  25th,  General 
Pickens  and  Lieutenant  Colonel  Lee  routed  a  body  of  near  three 
hundred  tories,  on  the  Haw  river,  who  were  in  arms  to  join  the 
British  army,  killed  upwards  of  one  hundred,  and  wounded  most 
of  the  rest ;  which  had  a  very  happy  effect  on  the  disaffected 
in  that  country. 

By  a  letter  from  Major  Magill,  an  officer  of  this  State,  whom 
I  had  sent  to  General  Greene's  head  quarters,  for  the  purpose  of 
giving  us  regular  intelligence,  dated  Guilford  County  March  2nd, 
1  am  informed  that  Lord  Cornwallis,  on  his  retreat,  erected  the 
British  standard  at  Hillsborough,  that  numbers  of  disaffected,  un- 
der the  command  of  Colonel  Piles,  were  resorting  to  it,  when  they 
were  intercepted  by  General  Pickens  and  Lieutenant  Colonel  Lee, 
as  mentioned  by  General  Greene,  and  that  their  commanding  offi- 
cer was  among  the  slain  :  that  Lord  Cornwallis,  after  destroying 
every  thing  he  could,  moved  down  the  Haw  river  from  Hillsbo- 
rough :  that  General  Greene  was  within  six  miles  of  him  :  that 
our  superiority  in  the  goodness,  though  not  in  the  number  of  our 
cavalry,  prevented  the  enemy  from  moving  with  rapidity,  or  fo- 
raging.    Having  been  particular  in  desiring  Major  Magill  to  inform 


212 

me  what  corps  of  militia,  from  this  State,  joined  General  Greene, 
he  accordingly  mentioned,  that  seven  hundred  under  General 
Stevens,  and  four  hundred  from  Botetourt,  had  actually  join- 
ed him  ;  that  Colonel  Campbell  was  to  join  him  that  day  with 
six  hundred,  and  that  Colonel  Lynch,  with  three  hundred  from 
Bedford,  was  shortly  expected  :  the  last  three  numbers  being 
riflemen.  Besides  these  mentioned  by  Major  Magill,  General 
Lawson  must,  before  this,  have  crossed  Roanoke  with  a  body  of 
militia,  the  number  of  which  has  not  been  stated  to  me.  Report 
makes  them  a  thousand,  but  I  suppose  the  number  to  be  exagge- 
rated. Four  hundred  of  our  new  levies,  left  Chesterfield  Court 
House  on  the  25th  of  February,  and  probably  would  cross  the 
Roanoke  about  the  1st  or  2nd  of  March. 

I  was  honored  with  your  Excellency's  letter  of  February  the 
21st,  within  seven  days  after  its  date.  We  have,  accordingly, 
been  making  every  preparation  on  our  part,  which  we  are  able  to 
make.  The  militia  proposed  to  co-operate,  will  be  upwards  of  four 
thousand  from  this  State,  and  one  thousand  or  twelve  hundred 
from  Carolina,  said  to  be  under  General  Gregory.  The  enemy 
are,  at  this  time,  in  a  great  measure,  blockaded  by  land,  there 
being  a  force  on  the  east  side  of  Elizabeth  river.  They  suffer 
for  provisions,  as  they  are  afraid  to  venture  far,  lest  the  French 
squadron  should  be  in  the  neighborhood,  and  come  upon  them. 
Were  it  possible  to  block  up  the  river,  a  little  time  w^ould  suffice 
to  reduce  them  by  want  and  desertions,  and  would  be  more  sure 
in  its  event  than  an  attempt  by  storm.  I  shall  be  very  happy  to 
have  it  in  my  power,  to  hand  you  a  favorable  account  of  these 
two  armies  in  the  South. 

I  have  the  honor  to  be,  with  the  greatest  esteem  and  respect, 
your  Excellency's 

most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


LETTER    XLVII. 
TO    HIS    EXCELLENCY    THE    PRESIDENT    OF    CONGRESS. 

Richmond,  March  19,  1781. 

Sir, 
I  have  the  honor  of  enclosing  to  your  Excellency  a  copy  of  a 
letter  from  General  Greene,  with  some  other  intelligence  received, 
not  doubting  your  anxiety  to  know  the  movements  in  the  South. 


213 

I  find  we  have  deceived  ourselves  not  a  little,  by  countmg  on  the 
whole  numbers  of  the  militia  which  have  been  in  motion,  as  if  they 
had  all  remained  with  General  Greene,  when,  in  fact,  they  seem 
only  to  have  visited  and  quitted  him. 

The  Marquis  Fayette  arrived  at  New  York  on  the  15th.  His 
troops  still  remained  at  the  head  of  the  bay,  till  the  appearance  of 
some  force  which  should  render  their  passage  down  safe. 

I  have  the  honor  to  be,  with  sentiments  of  the  highest  esteem 
and  respect,  your  Excellency's 

most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


LETTER    XLVIII. 
TO    HIS    EXCELLENCY    THE    PRESIDENT    OF    CONGRESS. 

Richmond,  March  21, 1781. 

Sir, 

The  enclosed  letter  will  inform  you  of  the  arrival  of  a  British 
fleet  in  Chesapeake  bay. 

The  extreme  negligence  of  pur  stationed  expresses,  is  no  doubt 
the  cause  why,  as  yet,  no  authentic  account  has  reached  us  of  a 
general  action,  which  happened  on  the  15th  instant,  about  a  mile 
and  a  half  from  Guilford  Court  House,  between  General  Greene 
and  Lord  Cornwallis.  Captain  Singleton,  an  intelligent  officer  of 
Harrison's  artillery,  who  was  in  the  action,  has  this  moment  arrived 
here,  and  gives  the  general  information  that  both  parties  were  pre- 
pared and  desirous  for  action ;  the  enemy  were  supposed  about 
twenty-five  hundred  strong,  our  army  about  four  thousand.  That, 
after  a  very  warm  and  general  engagement,  of  about  an  hour  and 
a  half,  we  retreated  about  a  mile  and  a  half  from  the  field,  in  good 
order,  having,  as  he  supposed,  between  two  and  three  hundred 
killed  and  wounded ;  the  enemy  between  five  and  seven  hundred 
killed  and  wounded  :  that  we  lost  four  pieces  of  artillery  :  that 
the  militia,  as  well  as  regulars,  behaved  exceedingly  well :  that 
General  Greene,  he  believes,  would  have  renewed  the  action  the 
next  day,  had  it  not  proved  rainy,  and  would  renew  it  as  soon  as 
possible,  as  he  supposes  :  that  the  whole  of  his  troops,  both  regu- 
lars and  militia,  were  in  high  spirits  and  wishing  a  second  engage- 
ment :  that  the  loss  has  lallen  pretty  equally  on  the  militia  and 
regulars  :  that  General  Stevens  received  a  ball  through  the  tliigh. 


214 

Major  Anderson,  of  Maryland,  was  killed,  and  Captain  Barrett,  of 
Washington's  cavalry ;  Captain  Faiintleroy,  of  the  same  cavalry, 
was  shot  through  the  thigh,  and  left  in  the  field. 

Captain  Singleton  having  left  the  camp  the  day  after  the  battle, 
does  not  speak  from  particular  returns,  none  such  having  been 
then  made.  I  must  inform  your  Excellency  from  him,  till  more 
regular  applications  can  reach  you,  that  they  are  in  extreme  want 
of  lead,  cartridge  paper  and  thread.  I  think  it  improper,  how- 
ever it  might  urg6  an  instantaneous  supply,  to  repeat  to  you  his 
statement  of  the  extent  of  their  stock  of  these  articles.  In  a  former 
letter,  I  mentioned  to  you  the  failure  of  the  vein  of  our  lead  mines, 
which  has  left  the  army  here  in  a  state  of  equal  distress  and  danger. 
I  have  the  honor  to  be,  with  very  high  respect  and  esteem, 
your  Excellency's  most  obedient 

and  most  humble  servant, 

Th:  Jefferson. 

P.  S.  Look-out-boats  have  been  ordered  from  the  sea  board 
of  the  eastern  shore,  to  apprise  the  Commander  of  the  French 
fleet,  on  its  approach,  of  the  British  being  in  the  Chesapeake. 

T.J. 


LETTER    XLIX. 
TO    HIS    EXCELLENCY    THE    PRESIDENT    OF    CONGRESS. 

In  Council,  Richmond,  IVLarch  26,  1781. 

Sir, 
The  appointment  of  commissioner  to  the  war  office  of  this  State, 
having  lately  become  vacant,  the  Executive  are  desirous  to  place 
Colonel  Wilham  Davies,  of  the  Virginia  Continentals,  in  that  office. 
This  gentleman,  however,  declines  undertaking  it,  unless  his  rank 
in  the  army,  half  pay  for  life  and  allowance  for  depreciation  of 
pay,  can  be  reserved  to  him ;  observing  with  justice,  that  these 
emoluments,  distant  as  they  are,  are  important  to  a  person  who 
has  spent  the  most  valuable  part  of  his  youth  in  the  service  of  his 
country.  As  this  indulgence  rests  in  the  power  of  Congress  alone, 
I  am  induced  to  request  it  of  them  on  behalf  of  the  State,  to 
whom  it  is  very  interesting  that  the  office  be  properly  filled,  and 
I  may  say,  on  behalf  of  the  Continent  also,  to  whom  the  same  cir- 
cumstance is  interesting,  in  proportion  to  its  reliance  upon  this  State 
for  supplies  to  the  southern  war.  We  should  not  have  given 
Congress  the  trouble  of  this  application,  had  we  found  it  easy  to 


215 

call  any  other  to  the  office,  who  was  likely  to  answer  our  wishes 
in  the  exercise  of  it. 

I  have  the  honor  to  be,  with  sentiments  of  the  highest  respect, 
your  Excellency's 

most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


LETTER    L. 
TO    HIS    EXCELLENCY    THE    PRESIDENT    OF    CONGRESS. 

Richmond,  March  28,  1781. 

Sir, 
I  forward  to  your  Excellency  under  cover  with  this,  copies  of 
letters  received  from  Major  General  Greene  and  Baron  Steuben, 
which  will  give  you  the  latest  account  of  the  situation  of  things 
with  us  and  in  North  Carolina. 

I  observe  a  late  resolve  of  Congress,  for  furnishing  a  number  of 
arms  to  the  southern  states  ;  and  I  lately  wrote  you  on  the  subject 
of  ammunition  and  cartridge  paper.  How  much  of  this  State,  the 
enemy  thus  reinforced,  may  think  proper  to  possess  themselves 
of,  must  depend  on  their  own  moderation  and  caution,  till  these 
supplies  arrive.  We  had  hoped  to  receive  by  the  French  squa- 
dron under  Monsieur  Destouches,  eleven  hundred  stand  of  arms, 
which  we  had  at  Rhode  Island,  but  were  disappointed.  The  ne- 
cessity of  hurrying  forward  the  troops  intended  for  the  southern 
operations,  will  be  doubdess  apparent  from  this  letter. 

I  have  the  honor  to  be,  with  the  greatest  respect,  ^ 

your  Excellency's    . 

most  obedient  and^ 

most  humble  servant, 

Th:  Jefferson. 


LETTERLI. 

TO    HIS    EXCELLENCY    THE    PRESIDENT    OF    CONGRESS. 

Richmond,  March  31,  1781. 
Sir, 

The  letters  and  papers  accompanying  this,  will  inform  your 
Excellency  of  the  arrival  of  a  British  flag  vessel  with  clothing,  re- 


216 

freshments,  money,  &c.  for  their  prisoners  under  the  Convention 
of  Saratoga.  The  gentlemen  conducting  them,  have,  on  suppo- 
sition that  the  prisoners,  or  a  part  of  them,  still  remained  in  this 
State,  applied  to  me  by  letters,  copies  of  which  I  transmit  your 
Excellency,  for  leave  to  allow  water  transportation  as  far  as  possi- 
ble, and  then,  for  themselves  to  attend  them  to  the  post  where  they 
are  to  be  issued.  These  indulgences  were  usually  granted  them 
here,  but  the  prisoners  being  removed,  it  becomes  necessary  to 
transmit  the  application  to  Congress  for  their  direction.  In  the 
mean  time  the  flag  will  wait  ift  James  river. 

Our  intelligence  from  General  Greene's  camp  as  late  as  the 
24th,  is,  that  Lord  Cornwallis's  march  of  the  day  before,  had  de- 
cided his  route  to  Cross  creek. 

The  amount  of  the  reinforcements  to  the  enemy,  arrived  at 
Portsmouth,  is  not  yet  known  with  certainty.  Accounts  differ 
from  fifteen  hundred  to  much  larger  numbers.  We  are  informed 
they  have  a  considerable  number  of  horse.  The  affliction  of  the 
people  for  want  of  arms  is  great ;  that  of  ammunition  is  not  yet 
known  to  them.  An  apprehension  is  added,  that  the  enterprise 
on  Portsmouth  being  laid  aside,  the  troops  under  the  Marquis 
Fayette  will  not  come  on.  An  enemy  three  thousand  strong,  not 
a  regular  in  the  State,  nor  arms  to  put  in  the  hands  of  the  militia, 
are,  indeed,  discouraging  circumstances. 

I  have  the  honor  to  be,  with  sentiments  of  the  highest  respect, 
your  Excellency's 

most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


,  LETTER   HI. 

TO    HIS    EXCELLENCy    THE    PRESIDENT    OF    CONGRESS. 

Richmond,  April  7, 1781. 
Sir, 

Hearing  that  our  arms  from  Rhode  Island  have  arrived  at  Phila- 
delphia, I  have  begged  the  favor  of  our  Delegates  to  send  them 
on  in  wagons  immediately,  and  for  the  conveyance  of  my  letter, 
have  taken  the  Hberty  of  setting  the  Continental  line  of  expresses 
in  motion,  which  I  hope  our  distress  for  arms  will  justify,  though 
the  errand  be  not  purely  Continental. 

I  have  nothing  from  General  Greene  later  than  the  27th  of 
March ;  our  accounts  from  Portsmouth  vary  the  reinforcements 


217 

which  came  under  General  Phillips,  from  twenty-five  hundred  to 
three  thousand.  Arnold's  strength  before,  was,  I  think,  reduced 
to  eleven  hundred.  They  have  made  no  movement  as  yet.  Their 
preparation  of  boats  is  considerable ;  whether  they  mean  to  go 
southwardly  or  up  the  river,  no  leading  circumstance  has  yet 
decided. 

I  have  the  honor  to  be,  with  the  highest  respect, 
your  Excellency's 

most  obedient  and 

most  humble  servant, 

Trf:  Jefferson. 


LETTER    LIU. 
TO    HIS    EXCELLENCY    THE    PRESIDENT    OF    CONGRESS. 

In  Council,  April  18,  1781. 

Sir, 
I  was  honored,  yesterday,  with  your  Excellency's  favor  enclos- 
ing the  resolutions  of  Congress  of  the  8th  instant,  for  removing 
stores  and  provisions  from  the  counties  of  Accomack  and  North- 
ampton. We  have  there  no  military  stores,  except  a  few  muskets 
in  the  hands  of  the  militia.  There  are  some  collecuons  of  forage 
and  provisions  belonging  to  the  Continent,  and  some  to  the  State, 
and  the  country  there,  generally,  furnishes  an  abundance  of  forage. 
But  such  is  the  present  condition  of  Chesapeake  bay,  that  we 
cannot  even  get  an  advice  boat  across  it,  with  any  certainty,  much 
less  adventure  on  transportation.  Should,  however,  any  interval 
happen,  in  which  these  articles  may  be  withdrawn,  we  shall  cer- 
tainly avail  ourselves  of  it,  and  bring  thence  whatever  we  can. 

If  I  have  been  rightly  informed,  the  horses  there  are  by  no 
means  such,  as  that  the  enemy  could  apply  them  to  the  purposes 
of  cavalry.  Some  large  enough  for  the  draught  may,  perhaps,  be 
found,  but  of  these  not  many. 

I  have  the  honor  to  be,  with  the  greatest  respect, 
your  Excellency's 

most  obedient  and 

most  humble  servant, 
^  Tn;  Jefferson. 

VOL.  I.  28 


218 

LETTER    LIV. 
TO    HIS    EXCELLENCY    GENERAL    WASHINGTON. 

Richmond,  April  23, 1781. 

Sir, 

On  the  18th  instant,  the  enemy  came  from  Portsmouth  up 
James  river,  in  considerable  force,  though  their  numbers  are  not 
yet  precisely  known  to  us.  They  landed  at  Burwell's  ferry,  below 
Williamsburg,  and  also  a  short  distance  above  the  mouth  of  Chick- 
ahomony.  This  latter  circumstance  obliged  Colonel  Innis,  who 
commanded  a  body  of  militia,  stationed  on  that  side  the  river 
to  cover  the  country  from  depredation,  to  retire  upwards,  lest  he 
should  be  placed  between  their  two  bodies.  One  of  these  entered 
Williamsburg  on  the  20th,  and  the  other  proceeded  to  a  ship-yard 
we  had  on  Chickahomony.  What  injury  they  did  there,  I  am  not 
yet  informed.  I  take  for  granted,  they  have  burned  an  unfinished 
twenty  gun  ship  we  had  there.  Such  of  the  stores  belonging  to 
the  yard  as  were  moveable,  had  been  carried  some  miles  higher 
up  the  river.  Two  small  gallies  also  retired  up  the  river.  Whether 
by  this,  either  the  stores  or  gallies  were  saved,  is  yet  unknown.  I 
am  just  informed,  from  a  private  hand,  that  tliey  left  Williamsburg 
early  yesterday  morning.  If  this  sudden  departure  was  not  in 
consequence  of  some  circumstance  of  alarm  unknown  to  us,  their 
expedition  to  Williamsburg  has  been  unaccountable.  There  were 
no  public  stores  at  that  place,  but  those  which  were  necessary  for 
the  daily  subsistence  of  the  men  there.  Where  they  mean  to  de- 
scend next,  the  event  alone  can  determine.  Besides  harassing 
our  militia  with  this  kind  of  war,  the  taking  them  from  their  farms 
at  the  interesting  season  of  planting  their  corn,  will  have  an  unfor- 
tunate effect  on  the  crop  of  the  ensuing  year. 

I  have  heard  nothing  certain  of  General  Greene  since  the  6th 
instant,  except  that  his  head  quarters  were  on  Little  river  on  the 
11th. 

I  have  the  honor  to  be,  with  the  highest  respect  and  esteem, 
your  Excellency's 
/  most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


219 

■A 


L&TTER    LV. 

TO    HIS    EXCELLENCY    GENERAL    WASHINGTON. 

Richmond,  May  9, 1781 
Sir, 

Since  the  last  letter  which  I  had  the  honor  of  addressing  to  your 
Excellency,  the  military  movements  in  this  state,  except  a  very 
late  one,  have  scarcely  merited  communication. 

The  enemy,  after  leaving  Williamsburg,  came  directly  up  James 
river  and  landed  at  City  Point,  being  the  point  of  land  on  the 
southern  side  of  the  confluence  of  Appamattox  and  James  rivers. 
They  marched  up  to  Petersburg,  where  they  were  received  by 
Baron  Steuben,  with  a  body  of  militia  somewhat  under  one  thou- 
sand, who,  though  the  enemy  were  two  thousand  and  three  hundred 
sti'ong,  disputed  the  ground  very  handsomely,  two  hours,  during 
which  time  the  enemy  gained  only  one  mile,  and  that  by  inches. 
Our  troops  were  then  ordered  to  retire  over  a  bridge,  which  they  did 
in  perfectly  good  order.  Our  loss  was  between  sixty  and  seventy, 
killed,  wounded  and  taken.  The  enemy's  is  unknown,  but  it  must 
be  equal  to  ours ;  for  their  own  honor  they  must  confess  this,  as 
they  broke  twice  and  run  like  sheep,  till  supported  by  fresh  troops. 
An  inferiority  in  number  obliged  our  force  to  withdraw  about  twelve 
miles  upwards,  till  more  militia  should  be  assembled.  The  enemy 
burned  all  the  tobacco  in  the  warehouses  at  Petersburg,  and  its 
neighborhood.  They  afterwards  proceeded  to  Osborne's,  where 
they  did  the  same,  and  also  destroyed  the  residue  of  the  public 
armed  vessels,  and  several  of  private  property,  and  then  came  to 
Manchester,  which  is  on  the  hill  opposite  this  place. 

By  this  time.  Major  General  Marquis  Fayette  having  been  ad- 
vised of  our  danger,  had,  by  forced  marches,  got  here  with  his 
detachment  of  Continental  troops ;  and  reinforcements  of  militia 
having  also  come  in,  the  enemy  finding  we  were  able  to  meet 
them  on  equal  footing,  thought  proper  to  burn  the  warehouses  and 
tobacco  at  Manchester,  and  retire  to  Warwick,  where  they  did 
the  same.  Ill  armed  and  untried  militia,  who  never  before  saw 
the  face  of  an  enemy,  have,  at  times,  during  the  course  of  this 
war,  given  occasions  of  exultation  to  our  enemies,  but  they  af- 
forded us  while  at  Warwick,  a  littie  satisfaction  in  the  same  way. 
Six  or  eight  hundred  of  their  picked  men  of  light  infantry,  with 
General  Arnold  at  their  head,  having  crossed  the  river  from  War- 
wick, fled  from  a  patrole  of  sixteen  horse,  every  man  into  his  boat 
as  he  could,  some  pushing  North,  some  South,  as  tlieir  fears  drove 


220 

•  # 

them.  Their  whole  force  tlien  proceeded  to  the  Hundred,  behig 
the  point  of  land  within  the  confluence  of  the  two  rivers,  embarked, 
and  fell  down  the  river.  Their  foremost  vessels  had  got  below 
BurwelPs  ferry  on  the  6th  instant,  when  on  the  arrival  of  a  boat 
from  Portsmouth,  and  a  signal  given,  the  whole  crowded  sail  up 
the  river  again  with  a  fair  wind  and  tide,  and  came  to  anchor  at 
Brandon;  there  six  days  provision  was  dealt  out  to  every  man; 
they  landed,  and  had  orders  to  march  an  hour  before  day  the  next 
morning.  We  have  not  yet  heard  which  way  they  went,  or 
whether  they  have  gone,  but  having,  about  the  same  time,  received 
authentic  information  that  Lord  Cornwallis  had,  on  the  1  st  instant, 
advanced  from  Wilmington  half  way  to  Halifax,  we  have  no  doubt, 
putting  all  circumstancs  together,  that  these  two  armies  are  forming 
a  junction. 

We  are  strengthening  our  hands  with  militia,  as  far  as  arms,  ei- 
ther public  or  private,  can  be  collected,  but  cannot  arm  a  force 
which  may  face  the  combined  armies  of  the  enemy.  It  will, 
therefore,  be  of  very  great  importance  that  General  Wayne's  forces 
be  pressed  on  with  the  utmost  despatch.  Arms  and  a  naval  force, 
however,  are  what  must  ultimately  save  us.  This  movement  of 
our  enemies  we  consider  as  most  perilous  in  its  consequences. 

Our  latest  advices  from  General  Greene  were  of  the  26th  ult., 
when  he  was  lying  before  Camden,  the  works  and  garrison  of 
which,  were  much  stronger  than  he  had  expected  to  find  them. 

I  have  the  honor  to  be,  with  great  respect, 
your  Excellency's 

most  obedient  humble  servant, 

Th:  Jefferson. 


LETTER   LVI. 

TO   THE    VIRGINIA    DELEGATES    IN    CONGRESS. 

In  Council,  May  10, 1781. 
Gentlemen, 

A  small  affair  has  taken  place  between  the  British  commanding 
officer  in  this  state.  General  Phillips,  and  the  Executive,  of  which, 
as  he  may  endeavor  to  get  rid  of  it  through  the  medium  of  Con- 
gress, I  think  it  necessary  previously  to  apprise  you. 

General  Scott  obtained  permission  from  the  Commandant  at 
Charleston,  for  vessels  with  necessary  supplies  to  go  from  hence 
to  them,  but  instead  of  sending  the  original,  sent  only  a  copy  of 
liie  permission  taken  by  his  brigade  major.     I  applied  to  General 


221 

Phillips  to  supply  this  omission  by  furnishing  a  passport  for  the 
vessel.  Having  just  before  taken  great  offence  at  a  threat  of  re- 
taliation in  the  treatment  of  prisoners,  he  enclosed  his  answer  to  my 
letter  under  this  address,  *  To  Thomas  Jefferson,  Esq.  American 
Governor  of  Virginia.'  I  paused  on  receiving  the  letter,  and  for 
some  time  would  not  open  it ;  however,  when  the  miserable  con- 
dition of  our  brethren  in  Charleston  occurred  to  me,  I  could  not 
determine  that  they  should  be  left  without  the  necessaries  of  life, 
while  a  punctilio  should  be  discussing  between  the  British  General 
and  myself;  and  knowing  that  I  had  an  opportunity  of  returning 
the  compliment  to  Mr.  Phillips  in  a  case  perfectly  corresponding, 
I  opened  the  letter. 

Very  shortly  after,  I  received,  as  I  expected,  the  permission  of 
the  board  of  war,  for  the  British  flag  vessel  then  in  Hampton 
Roads  with  clothing  and  refreshments,  to  proceed  to  Alexandria. 
I  enclosed  and  addressed  it,  '  To  William  Phillips,  Esq.  com- 
manding the  British  forces  in  the  Commonwealth  of  Virginia.' 
Personally  knowing  Phillips  to  be  the  proudest  man  of  the  proud- 
est nation  on  earth,  I  well  know  he  will  not  open  this  letter;  but 
having  occasion,  at  the  same  time,  to  write  to  Captain  Gerlach,  the 
flag  master,  I  informed  him  that  the  Convention  troops  in  this 
state  should  perish  for  want  of  necessaries,  before  any  should  be 
carried  to  them  through  this  state,  till  General  Phillips  either 
swallowed  this  pill  of  retaliation,  or  made  an  apology  for  his  rude- 
ness. And  in  tliis,  should  the  matter  come  ultimately  to  Congress, 
we  hope  for  their  support. 

He  has  the  less  right  to  insist  on  the  expedition  of  his  flag,  be- 
cause his  letter,  instead  of  enclosing  a  passport  to  expedite  ours, 
contained  only  an  evasion  of  the  application,  by  saying  he  had  re- 
ferred it  to  Sir  Henry  Clinton,  and  in  the  mean  time,  he  has  come 
up  the  river,  and  taken  the  vessel  with  her  loading,  which  we  had 
chartered  and  prepared  to  send  to  Charleston,  and  which  wanted 
nothing  but  the  passport  to  enable  her  to  depart. 

I  would  further  observe  to  you,  that  this  gentleman's  letters  to 
the  Baron  Steuben  first,  and  afterwards  to  the  Marquis  Fayette, 
have  been  in  a  style  so  intolerably  insolent  and  haughty,  that  both 
these  gendemen  have  been  obliged  to  inform  him,  that  if  he  thinks 
proper  to  address  them  again  in  the  same  spirit,  all  intercourse 
shall  be  discontinued. 

I  am,  with  great  respect  and  esteem. 

Gentlemen,  your  most  obedient  servant, 

Th:  Jebterson. 


222 


LETTER   LVII. 

TO    HIS    EXCELLENCY    GENERAL    WASHINGTON. 

Charlottesville,  May  28,  1781. 

Sir, 
I  make  no  doubt  you  will  have  heard,  before  this  shall  have  the 
honor  of  being  presented  to  your  Excellency,  of  the  junction  of 
Lord  Cornwallis  with  the  force  at  Petersburg  under  Arnold,  who 
had  succeeded  to  the  command  on  the  death  of  Major  General 
Phillips.  I  am  now  advised  that  they  have  evacuated  Petersburg, 
joined  at  Westover  a  reinforcement  of  two  thousand  men  just  ar- 
rived from  New  York,  crossed  James  river,  and  on  the  26th  instant, 
were  three  miles  advanced  on  their  way  towards  Richmond  ;  at 
which  place.  Major  General  the  Marquis  Fayette  lay  with  three 
thousand  men,  regulars  and  militia  :  these  being  the  whole  number 
we  could  arm,  until  the  arrival  of  the  eleven  hundred  arms  from 
Rhode  Island,  which  are,  about  this  time,  at  the  place  where  our 
public  stores  are  deposited.  The  whole  force  of  the  enemy  with- 
in this  state,  from  the  best  intelligence  I  have  been  able  to  get,  is, 
I  think,  about  seven  thousand  men,  infantry  and  cavalry,  including 
also,  the  small  garrison  left  at  Portsmouth.  A  number  of  priva- 
teers, which  are  constantly  ravaging  the  shores  of  our  rivers,  pre- 
vent us  from  receiving  any  aid,  from  the  counties  lying  on  naviga- 
ble waters :  and  powerful  operations  meditated  against  our  western 
frontier,  by  a  joiot  force  of  British  and  Indian  savages,  have,  as 
your  Excellency  before  knew,  obliged  us  to  embody  between  two 
and  three  thousand  men  in  that  quarter.  Your  Excellency  will 
judge  from  this  state  of  tilings,  and  from  what  you  know  of  our 
country,  what  it  may  probably  suffer  during  the  present  campaign. 
Should  the  enemy  be  able  to  produce  no  opportunity  of  annihila- 
ting the  Marquis's  army,  a  small  proportion  of  tlieir  force  may  yet 
restrain  his  movements  effectually,  while  the  greater  part  are  em- 
ployed, in  detachment,  to  waste  an  unarmed  country,  and  lead  the 
minds  of  the  people  to  acquiescence  under  those  events,  which  they 
see  no  human  power  prepared  to  ward  off.  We  are  too  far  re- 
moved from  the  other  scenes  of  war  to  say,  whether  the  main 
force  of  the  enemy  be  within  this  state.  But  I  suppose,  they 
cannot  any  where  spare  so  great  an  army  for  the  operations  of  the 
field.  Were  it  possible  for  this  circumstance  to  justify  in  your 
Excellency  a  determination  to  lend  us  your  personal  aid,  it  is  evi- 
dent from  the  universal  voice,  that  the  presence  of  their  beloved 
countryman,  whose  talents  have  so  long  been  successfully  employ- 


223 

ed  in  establishing  the  freedom  of  kindred  states,  to  whose  person, 
they  have  still  flattered  themselves  they  retained  some  right,  and 
have  ever  looked  up,  as  their  dernier  resort  in  distress,  would 
restore  full  confidence  of  salvation  to  our  citizens,  and  would 
render  them  equal  to  whatever  is  not  impossible.  I  cannot  un- 
dertake to  foresee  and  obviate  the  difficulties  which  lie  in  the 
way  of  such  a  resolution.  The  whole  subject  is  before  you,  of 
which  I  see  only  detached  parts  :  and  your  judgment  will  be 
formed  on  a  view  of  the  whole.  Should  the  danger  of  this  state 
and  its  consequence  to  the  Union,  be  such,  as  to  render  it  best  for 
the  whole  that  you  should  repair  to  its  assistance,  the  difficulty 
would  then  be,  how  to  keep  men  out  of  the  field.  I  have  un- 
dertaken to  hint  this  matter  to  your  Excellency,  not  only  on  my 
own  sense  of  its  importance  to  us,  but  at  the  solicitations  of  many 
members  of  weight  in  our  legislature,  which  has  not  yet  assem- 
bled to  speak  their  own  desires. 

A  few  days  will  bring  to  me  that  relief  which  the  constitution 
has  prepared  for  those  oppressed  with  the  labors  of  my  office,  and 
a  long  declared  resolution  of  relinquishing  it  to  abler  hands,  has 
prepared  my  way  for  retirement  to  a  private  station :  still,  as  an 
individual,  I  should  feel  the  comfortable  effects  of  your  presence, 
and  have  (what  I  thought  could  not  have  been)  an  additional  mo- 
tive for  that  gratitude,  esteem,  and  respect,  widi  which  I  have  the 
honor  to  be, 

your  Excellency's 

most  obedient  humble  servant, 

Th:  Jefferson.* 


LETTER    LVIII. 
TO    HIS    EXCELLENCY    GENERAL    WASHINGTON. 

Annapolis,  April  16,  1784. 

Dear  Sir, 
1  received  your  favor  of  April  the  8th,  by  Colonel  Harrison, 
The  subject  of  it  is  interesting,  and,  so  far  as  you  have  stood  con- 
nected with  it,  has  been  matter  of  anxiety  to  me ;  because,  what- 
ever may  be  the  ultimate  fate  of  the  institution  of  the  Cincinnati, 
as,  in  its  course,  it  draws  to  it  some  degree  of  disapprobation,  I 
have  wished  to  see  you  standing  on  ground  separated  from  it,  and 

[*  An  interval  of  near  three  years  here  occurs  in  the  Author's  correspon- 
dence, during  which  he  preserved  only  memoranda  of  the  contents  of  the 
letters  written  by  him.] 


224 

that  the  character  which  will  be  handed  to  future  ages  at  the  head 
of  our  Revolution,  may,  in  no  instance,  be  compromitted  in  sub- 
ordinate altercations.  The  subject  has  been  at  the  point  of  my 
pen  in  every  letter  I  have  written  to  you,  but  has  been  still  re- 
strained by  the  reflection  that  you  had  among  your  friends  more 
able  counsellors,  and,  in  yourself,  one  abler  than  them  all.  Your 
letter  has  now  rendered  a  duty  what  was  before  a  desire,  and  I 
cannot  better  merit  your  confidence  than  by  a  full  and  free  com- 
munication of  facts  and  sentiments,  as  far  as  they  have  come  with- 
in my  observation.  When  the  army  was  about  to  be  disbanded, 
and  the  officers  to  take  final  leave,  perhaps  never  again  to  meet, 
it  was  natural  for  men  who  had  accompanied  each  other  through 
so  many  scenes  of  hardship,  of  difficulty  and  danger,  who,  in  a 
variety  of  instances,  must  have  been  rendered  mutually  dear  by 
those  aids  and  good  offices,  to  which  their  situations  had  given  oc- 
casion, it  was  natural,  I  say,  for  these  to  seize  with  fondness  any 
proposition  which  promised  to  bring  them  together  again,  at  cer- 
tain and  regular  periods.  And  this,  I  take  for  granted,  was  the 
origin  and  object  of  this  institution :  and  I  have  no  suspicion  that 
they  foresaw,  much  less  intended,  those  mischiefs  which  exist, 
perhaps  in  the  forebodings  of  politicians  only.  I  doubt,  however, 
whether  in  its  executioij,  it  would  be  found  to  answer  the  wishes 
of  those  who  framed  it,  and  to  foster  those  friendships  it  was  in- 
tended to  preserve.  The  members  would  be  brought  together  at 
their  annual  assemblies,  no  longer  to  encounter  a  common  enemy, 
but  to  encounter  one  another  in  debate  and  sentiment.  For  some- 
thing, I  suppose,  is  to  be  done  at  these  meetings,  and,  however  un- 
important, it  will  suffice  to  produce  difference  of  opinion,  contra- 
diction and  irritation.  The  way  to  make  friends  quarrel  is  to  put 
them  in  disputation  under  the  public  eye.  An  experience  of  near 
twenty  years  has  taught  me,  that  few  friendships  stand  this  test, 
and  that  public  assemblies,  where  every  one  is  free  to  act  and 
speak,  are  the  most  powerful  looseners  of  the  bands  of  private 
friendship.  I  think,  therefore,  that  this  institution  would  fail  in  its 
principal  object,  the  perpetuation  of  the  personal  friendships  con- 
tracted through  the  war. 

The  objections  of  those  who  are  opposed  to  the  institution  shall 
be  briefly  sketched.  You  will  readily  fill  them  up.  They  urge 
that  it  is  against  the  Confederation — against  the  letter  of  some  of 
our  constitutions — against  the  spirit  of  all  of  them ; — that  the  foun- 
dation on  which  all  these  are  buik,  is  the  natural  equality  of  man, 
the  denial  of  every  pre-eminence  but  that  annexed  to  legal  office, 
and,  particularly,  the  denial  of  a  pre-eminence  by  birth ;  that, 
however,  in  their  present  dispositions,  citizens  might  decline  ac- 


225 

cepting  honorary  instalments  into  the  order,  hut  a  time  may  come, 
when  a  change  of  dispositions  would  render  tliese  flattering  when 
a  well  directed  distribution  of  them  might  draw  into  the  order  all 
the  men  of  talents,  of  office  and  wealth,  and  in  this  case,  would 
probably  procure  an  ingraftment  into  the  government ;  that  in  this, 
they  will  be  supported  by  their  foreign  members,  and  the  wishes 
and  influence  of  foreign  courts ;  that  experience  has  shown  that 
the  hereditary  branches  of  modern  governments  are  the  patrons 
of  privilege  and  prerogative,  and  not  of  the  natural  rights  of  the 
people,  whose  oppressors  they  generally  are :  that  besides  these 
evils,  which  are  remote,  others  may  take  place  more  immediately ; 
that  a  distinction  is  kept  up  between  the  civil  and  military,  which 
it  is  for  the  happiness  of  both  to  obliterate  ;  that  when  the  mem- 
bers assemble  they  will  be  proposing  to  do  something,  and  what 
that  something  may  be,  will  depend  on  actual  circumstances ;  that 
being  an  organised  body,  under  habits  of  subordination,  the  first 
obstruction  to  enterprise  will  be  already  surmounted ;  that  the 
moderation  and  virtue  of  a  single  character  have  probably  prevented 
this  Revolution  from  being  closed  as  most  others  have  been,  by  a 
subversion  of  that  liberty  it  was  intended  to  establish  ;  that  he  is 
not  immortal,  and  his  successor,  or  some  of  his  successors,  may  be 
led  by  false  calculation  into  a  less  certain  road  to  glory. 

What  are  the  sentiments  of  Congress  on  this  subject,  and  what 
line  they  will  pursue,  can  only  be  stated  conjecturally.  Congress, 
as  a  body,  if  left  to  themselves,  will  in  my  opinion  say  nothing  on 
the  subject.  They  may,  however,  be  forced  into  a  declaration  by 
instructions  from  some  of  the  States,  or  by  other  incidents.  Their 
sentiments,  if  forced  from  them,  will  be  unfriendly  to  the  institu- 
tion. If  permitted  to  pursue  their  own  path,  tliey  will  check  it  by 
side-blows  whenever  it  comes  in  their  way,  and  in  competitions  for 
office,  on  equal  or  nearly  equal  ground,  will  give  silent  preferences 
to  those  who  are  not  of  the  fraternity.  My  reasons  for  thinking 
this  are,  1.  The  grounds  on  which  they  lately  declined  the  foreign 
order  proposed  to  be  conferred  on  some  of  our  citizens.  2.  The 
fourth  of  the  fundamental  articles  of  constitution  for  the  new  States. 
I  enclose  you  the  report ;  it  has  been  considered  by  Congress,  re- 
committed and  reformed  by  a  committee,  according  to  sentiments 
expressed  on  other  parts  of  it,  but  the  principle  referred  to,  having 
not  been  controverted  at  all,  stands  in  this  as  in  the  original  report; 
it  is  not  yet  confirmed  by  Congress.  3.  Private  conversations  on 
this  subject  with  the  members.  Since  the  receipt  of  your  letter  I 
have  taken  occasion  to  extend  these  ;  not,  indeed,  to  the  military 
members,  because,  being  of  the  order,  dehcacy  forbade  it,  but  to 
the  others  pretty  generally ;  and  among  these,  I  have  as  yet  found 
VOL.  I.  29 


226 

but  one  who  is  not  opposed  to  the  institution,  and  that  with  an  an- 
guish^f  mind,  though  covered  under  a  guarded  silence,  which  I 
have  not  seen  produced  by  any  circumstance  before.  I  arrived 
at  Philadelphia  before  the  separation  of  the  last  Congress,  and 
saw  there  and  at  Princeton  some  of  its  members,  not  now  in 
delegation.  Burke's  piece  happened  to  come  out  at  that  time, 
which  occasioned  this  institution  to  be  the  subject  of  conversation. 
I  found  the  same  impressions  made  on  them  which  their  succes- 
sors have  received.  I  hear  from  other  quarters  that  it  is  disa- 
greeable, generally,  to  such  citizens  as  have  attended  to  it,  and, 
therefore,  will  probably  be  so  to  all,  when  any  circumstance  shall 
present  it  to  the  notice  of  all. 

This,  Sir,  is  as  faithful  an  account  of  sentiments  and  facts  as  I 
am  able  to  give  you.  You  know  the  extent  of  the  circle  within 
which  my  observations  are  at  present  circumscribed,  and  can  es- 
timate how  far,  as  forming  a  part  of  the  general  opinion,  it  may 
merit  notice,  or  ought  to  influence  your  particular  conduct. 

It  remains  now  to  pay  obedience  to  that  part  of  your  letter, 
which  requests  sentiments  on  the  most  eligible  measures  to  be 
pursued  by  the  society,  at  their  next  meeting.  I  must  be  far  from 
pretending  to  be  a  judge  of  what  would,  in  fact,  be  the  most  eli- 
gible measures  for  the  society.  I  can  only  give  you  the  opinions 
of  those  with  whom  I  have  conversed,  and  who,  as  I  have  before 
observed,  are  unfriendly  to  it.  They  lead  to  these  conclusions. 
1 .  If  the  society  proceed  according  to  its  institution,  it  will  be  bet- 
ter to  make  no  applications  to  Congress  on  that  subject,  or  any 
other,  in  their  associated  character.  2.  If  they  should  propose 
to  modify  it,  so  as  to  render  it  unobjectionable,  I  think  this  would 
not  be  effected  without  such  a  modification  as  would  amount  al- 
most to  annihilation :  for  such  would  it  be  to  part  with  its  inherita- 
bility,  its  organization,  and  its  assemblies.  3.  If  they  shall  be 
disposed  to  discontinue  the  whole,  it  would  remain  with  them  to 
determine  whether  they  would  choose  it  to  be  done  by  their  own 
act  only,  or  by  a  reference  of  the  matter  to  Congress,  which  would 
infallibly  produce  a  recommendation  of  total  discontinuance. 

You  will  be  sensible.  Sir,  that  these  communications  are  without 
reserve.  I  supposed  such  to  be  your  wish,  and  mean  them  but  as 
materials,  with  such  others  as  you  may  collect,  for  your  better 
judgment  to  work  on.  I  consider  the  whole  matter  as  between 
ourselves  alone,  having  determined  to  take  no  active  part  in  this 
or  any  thing  else,  which  may  lead  to  altercation,  or  disturb  that 
quiet  and  tranquillity  of  mind,  to  which  I  consign  the  remaining  por- 
tion of  my  life.  I  have  been  thrown  back  by  events,  on  a  stage 
where  I  had  never  more  thought  to  appear.     It  is  but  for  a  time, 


227 

however,  and  as  a  day  laborer,  free  to  withdraw,  or  be  withdrawn 
at  will.  While  I  remain,  I  shall  pursue  in  silence  the  path  of  right, 
but  in  every  situation,  public  or  private,  I  shall  be  gratified  by  all 
occasions  of  rendering  you  service,  and  of  convincing  you  there 
is  no  one,  to  whom  your  reputation  and  happiness  are  dearer  than 
to,  Sir, 

your  most  obedient, 

and  most  humble  servant, 

Th:  Jefferson. 


LETTER    HX. 
TO    COLONEL    URIAH    FORREST. 

Paris,  Cul-de-Sac  Tetebout,  October  20,  1784. 

Sir, 

I  received  yesterday  your  favor  of  the  8th  instant,  and  this 
morning  went  to  Auteuil  and  Passy,  to  consult  with  Mr.  Adams 
and  Dr.  Franklin  on  the  subject  of  it.  We  conferred  together, 
and  think  it  is  a  case  in  which  we  could  not  interpose  (were  there 
as  yet  cause  for  interposition,)  without  express  instructions  from 
Congress.  It  is,  however,  our  private  opinion,  which  we  give 
as  individuals  only,  that  Mr.  McLanahan,  while  in  England,  is 
subject  to  the  laws  of  England  ;  that,  therefore,  he  must  employ 
counsel,  and  be  guided  in  his  defence  by  their  advice.  The  law 
of  nations,  and  the  treaty  of  peace,  as  making  a  part  of  the  law 
of  the  land,  will  undoubtedly  be  under  the  consideration  of  the 
judges  who  pronounce  on  Mr.  McLanahan's  case ;  and  we  are 
willing  to  hope,  that  in  their  knowledge  and  integrity ;  he  will  find 
certain  resources  against  injustice,  and  a  reparation  of  all  injury  to 
which  he  may  have  been  groundlessly  exposed.  A  final  and  pal- 
pable failure  on  their  part,  which  we  have  no  reason  to  apprehend, 
might  make  the  case  proper  for  the  consideration  of  Congress. 

I  have  the  honor  to  be,  with  sentiments  of  great  respect  and 
esteem,  for  Mr.  McLanahan,  as  well  as  yourself. 

Sir,  your  most  obedient  humble  servant, 

Th:  Jefferson. 


228 

LETTER    LX. 

TO    JOHN    JAY. 

Paris,  May  11, 1785. 

Sir, 

I  was  honored  on  the  2nd  instant,  with  the  receipt  of  your  favor 
of  March  the  15th,  enclosing  the  resolution  of  Congress  of  the 
10th  of  the  same  month,  appointing  me  their  Minister  Plenipo- 
tentiary at  this  court,  and  also  of  your  second  letter  of  March 
22nd,  covering  the  commission  and  letter  of  credence  for  that  j| 
appointment.  I  beg  permission  through  you.  Sir,  to  testify  to  *' 
Congress  my  gratitude  for  this  new  mark  of  their  favor,  and  my 
assurances  of  endeavoring  to  merit  it  by  a  faithful  attention  to  the 
discharge  of  the  duties  annexed  to  it.  Fervent  zeal  is  all  which 
I  can  be  sure  of  carrying  into  their  service,  and  where  I  fail 
through  a  want  of  those  powers  which  nature  and  circumstances 
deny  me,  I  shall  rely  on  their  indulgence,  and  much  also  on  that 
candor  with  which  your  goodness  will  present  my  proceedings  to 
their  eye.  The  kind  terms  in  which  you  are  pleased  to  notify  this 
honor  to  me,  require  my  sincere  thanks.  I  beg  you  to  accept 
them,  and  to  be  assured  of  the  perfect  esteem,  with  which  I  have 
the  honor  to  be.  Sir, 

your  most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


LETTER    LXI. 
TO    GENERAL    CHASTELLUX. 

Paris,  June  7,  1785. 

Dear  Sir, 
I  have  been  honored  with  the  receipt  of  your  letter  of  the  2nd 
instant,  and  am  to  thank  you,  as  I  do  sincerely,  for  the  partiality 
with  which  you  receive  the  copy  of  the  Notes  on  my  country.  As 
I  can  answer  for  the  facts  theiein  reported  on  my  own  observation, 
and  have  admitted  none  on  the  report  of  others,  which  were  not 
supported  by  evidence  sufficient  to  command  my  own  assent,  I 
am  not  afraid  that  you  should  make  any  extracts  you  please  for 
the  Journal  de  Physique,  which  come  within  their  plan  of  publica- 
tion.    The  strictures  on  slavery  and  on  the  constitution  of  Virginia, 


229 

are  not  of  tliat  kind,  and  they  a^e  the  parts  which  I  do  not  wish 
to  have  made  public,  at  least,  till  I  know  whether  their  publication 
would  do  most  harm  or  good.  It  is  possible,  that  in  my  own 
country,  these  strictures  might  produce  an  irritation,  which  would 
indispose  the  people  towards  tlie  two  great  objects  I  have  in  view; 
that  is,  the  emancipation  of  their  slaves,  and  the  setdement  of  their 
constitution  on  a  firmer  and  more  permanent  basis.  If  I  learn 
from  thence,  that  they  will  not  produce  that  effect,  I  have  printed 
and  reserved  just  copies  enough  to  be  able  to  give  one  to  every 
young  man  at  the  College.  It  is  to  them  I  look,  to  the  rising  ge- 
neration, and  not  to  the  one  now  in  power,  for  these  great  reforma- 
tions. The  other  copy,  delivered  at  your  hotel,  was  for  Monsieur 
de  BufFon.  I  meant  to  ask  the  favor  of  you  to  have  it  sent  to  him, 
as  I  was  ignorant  how  to  do  it.  I  have  one  also  for  Monsieur 
Daubenton,  but  being  utterly  unknown  to  him,  I  cannot  take  the 
liberty  of  presenting  it,  till  I  can  do  it  through  some  common  ac- 
quaintance. 

I  will  beg  leave  to  say  here  a  few  words  on  the  general  question 
of  the  degeneracy  of  animals  in  America.  1.  As  to  the  degene- 
racy of  the  man  of  Europe  transplanted  to  America,  it  is  no  part 
of  Monsieur  de  BufFon's  system.  He  goes,  indeed,  widiin  one 
step  of  it,  but  he  stops  there.  The  Abbe  Raynal  alone  has  taken 
that  step.  Your  knowledge  of  America  enables  you  to  judge  this 
question,  to  say,  whether  the  lower  class  of  people  in  America, 
are  less  informed  and  less  susceptible  of  information,  than  the 
lower  class  in  Europe  :  and  whether  those  in  America,  who  have 
received  such  an  education  as  that  country  can  give,  are  less  im- 
proved by  it  than  Europeans  of  the  same  degree  of  education.  2. 
As  to  the  aboriginal  man  of  America,  I  know  of  no  respectable 
evidence  on  which  the  opinion  of  his  inferiority  of  genius  has  been 
founded,  but  that  of  Don  Ulloa.  As  to  Robertson,  he  never  was 
in  America,  he  relates  nothing  on  his  own  knowledge,  he  is  a 
compiler  only  of  the  relations  of  others,  and  a  mere  translator  of 
the  opinions  of  Monsieur  de  BufFon.  I  should  as  soon,  therefore, 
add  the  translators  of  Robertson  to  the  witnesses  of  this  fact,  as 
himself.  Paw,  the  beginner  of  this  charge,  was  a  compiler  from 
the  works  of  others  ;  and  of  the  most  unlucky  description  ;  for  he 
seems  to  have  read  tlie  writings  of  travellers,  only  to  collect  and 
republish  their  lies.  It  is  really  remarkable,  that  in  three  volumes 
12mo,  of  small  print,  it  is  scarcely  possible  to  find  one  truth,  and 
yet,  that  the  author  should  be  able  to  produce  authority  for  every 
fact  he  states,  as  he  says  he  can.  Don  Ulloa's  testimony  is  of  the 
most  respectable.  He  wrote  of  what  he  saw,  but  he  saw  the  In- 
dian of  South  America  only,  and  that,  after  he  had  passed  through 


230 

ten  generations  of  slavery.  It  is  very  unfair,  from  this  sample,  to 
judge  of  the  natural  genius  of  this  race  of  men ;  and  after  suppos- 
ing that  Don  Ulloa  had  not  sufficiently  calculated  the  allowance 
which  should  be  made  for  this  circumstance,  we  do  him  no  injury 
in  considering  the  picture  he  draws  of  the  present  Indians  of  South 
America,  as  no  picture  of  what  their  ancestors  were,  three  hundred 
years  ago.  It  is  in  North  America  we  are  to  seek  their  original 
character.  And  I  am  safe  in  affirming,  that  the  proofs  of  genius 
given  by  the  Indians  of  North  America,  place  them  on  a  level 
with  whites  in  the  same  uncultivated  state.  The  North  of  Europe 
furnishes  subjects  enough  for  comparison  with  them,  and  for  a 
proof  of  their  equality.  I  have  seen  some  thousands  myself,  and 
conversed  much  with  them,  and  have  found  in  them  a  masculine, 
sound  understanding.  I  have  had  much  information  from  men 
who  had  lived  among  them,  and  whose  veracity  and  good  sense 
were  so  far  known  to  me,  as  to  establish  a  reliance  on  their  infor- 
mation. They  have  all  agreed  in  bearing  witness  in  favor  of  the 
genius  of  this  people.  As  to  their  bodily  strength,  their  manners 
rendering  it  disgraceful  to  labor,  those  muscles  employed  in  la- 
bor will  be  weaker  with  them,  than  with  the  European  laborer ;  but 
tliose  which  are  exerted  in  the  chase,  and  those  faculties  which 
are  employed  in  the  tracing  an  enemy  or  a  wild  beast,  in  contriv- 
ing ambuscades  for  him,  and  in  carrying  them  through  their  exe- 
cution, are  much  stronger  than  with  us,  because  they  are  more 
exercised.  I  believe  the  Indian,  then,  to  be,  in  body  and  mind, 
equal  to  the  white  man.  I  have  supposed  the  black  man,  in  his 
present  state,  might  not  be  so  ;  but  it  would  be  hazardous  to  af- 
firm, tliat,  equally  cultivated  for  a  few  generations,  he  would  not 
become  so.  3.  As  to  the  inferiority  of  the  other  animals  of  Ame- 
rica, without  more  facts,  I  can  add  nothing  to  what  I  have  said  in 
my  Notes. 

As  to  the  theory  of  Monsieur  de  Buffon,  that  heat  is  friendly, 
and  moisture  adverse  to  the  production  of  large  animals,  I  am  late- 
ly furnished  with  a  fact  by  Dr.  Franklin,  which  proves  the  air  of 
London  and  of  Paris  to  be  more  humid  than  that  of  Philadelphia, 
and  so  creates  a  suspicion  that  the  opinion  of  the  superior  humidity 
of  America  may,  perhaps,  have  been  too  hastily  adopted.  And 
supposing  that  fact  admitted,  I  think  the  physical  reasonings  urged 
to  show,  that  in  a  moist  country  animals  must  be  small,  and  that 
in  a  hot  one  they  must  be  large,  are  not  built  on  the  basis  of  ex- 
periment. These  questions,  however,  cannot  be  decided,  ulti- 
mately, at  this  day.  More  facts  must  be  collected,  and  more 
time  flow  off,  before  the  world  will  be  ripe  for  decision.  In  the 
mean  time,  (loubt  is  wisdom. 


231 

I  have  been  fully  sensible  of  the  anxieties  of  your  situation,  and 
that  your  attentions  were  wholly  consecrated,  where  alone  they 
were  wholly  due,  to  the  succour  of  friendship  and  worth.  How- 
ever much  I  prize  your  society,  I  wait  with  patience  the  moment 
when  I  can  have  it  without  taking  what  is  due  to  another.  In  the 
mean  time,  I  am  solaced  with  the  hope  of  possessing  your  friend- 
ship, and  that  it  is  not  ungrateful  to  you  to  receive  assurances  of 
that  with  which  I  have  the  honor  to  be,  Dear  Sir, 
your  most  obedient, 

and  most  humble  servant, 

Th:  Jefferson. 


LETTER    LXII. 
TO    JOHN    ADAMS. 

Passy,  June  15, 1785. 

Sir, 
Among  the  instructions  given  to  the  ministers  of  the  United 
States  for  treating  with  foreign  powers,  was  one  of  the  11th  of 
May,  1 784,  relative  to  an  individual  of  the  name  of  John  Baptist 
Picquet.  It  contains  an  acknowledgment,  on  the  part  of  Con- 
gress, of  his  merits,  and  sufferings  by  friendly  services  rendered  to 
great  numbers  of  American  seamen  carried  prisoners  into  Lisbon, 
and  refers  to  us  the  delivering  him  these  acknowledgments  in  ho- 
norable terms,  and  the  making  him  such  gratification  as  may  in- 
demnify his  losses,  and  properly  reward  his  zeal.  This  person  is 
now  in  Paris,  and  asks  whatever  return  is  intended  for  him.  Being 
in  immediate  want  of  money,  he  has  been  furnished  with  ten 
guineas.  He  expressed  desires  of  some  appointment  either  for 
himself  or  son  at  Lisbon,  but  has  been  told  that  none  such  are  in 
our  gift,  and  that  nothing  more  could  be  done  for  him  in  that  line, 
than  to  mention  to  Congress  that  his  services  well  merit  their  re- 
collection, if  they  should  make  any  appointment  there  analogous 
to  his  talents.  He  says  his  expenses  in  the  relief  of  our  prisoners 
have  been  upwards  of  fifty  moidores.  Supposing  that,  as  he  is 
poor,  a  pecuniary  gratification  will  be  most  useful  to  him,  we  pro- 
pose, in  addition  to  what  he  has  received,  to  give  him  a  hundred 
and  fifty  guineas,  or  perhaps  four  thousand  livres,  and  to  write  a 
joint  letter  to  him  expressing  the  sense  Congress  entertain  of  his 
services.  We  pray  you  to  give  us  your  sentiments  on  this  subject 
by  return  of  the  first  post,  as  he  is  waiting  here,  and  we  wish  the 
aid  of  your  counsels  therein. 


232 

We  are  to  acknowledge  the  receipt  of  your  letter  of  June  3rd, 
informing  us  of  your  reception  at  the  court  of  London. 

I  am,  with  sentiments  of  great  respect  and  esteem,  Dear  Sir, 
your  friend  and  servant, 

Th:  Jefferson. 


LETTER    LXIII. 
TO    THE    GOVERNOR    OF    VIRGINIA. 

Paris,  June  16,  1785. 

Sir, 

I  had  the  honor  of  receiving,  the  day  before  yesterday,  the  re- 
solution of  Council,  of  March  the  10th,  and  your  letter  of  March 
the  30th,  and  shall,  with  great  pleasure,  unite  my  endeavors  with 
those  of  the  Marquis  de  la  Fayette  and  Mr.  Barclay,  for  the  pur- 
pose of  procuring  the  arms  desired.  Nothing  can  be  more  wise 
than  this  determination  to  arm  our  people,  as  it  is  impossible  to 
say  when  our  neighbors  may  think  proper  to  give  them  exercise. 
I  suppose  that  the  establishing  a  manufacture  of  arms,  to  go  hand 
in  hand  with  the  purchase  of  them  from  hence,  is  at  present  op- 
posed by  good  reasons.  This  alone  would  make  us  independent 
for  an  article  essential  to  our  preservation ;  and  workmen  could 
probably  be  either  got  here,  or  drawn  from  England,  to  be  em- 
barked hence. 

In  a  letter  of  January  the  12th,  to  Governor  Harrison,  I  inform- 
ed him  of  the  necessity  that  the  statuary  should  see  General  Wash- 
ington ;  that  we  should  accordingly  send  him  over  unless  the  Ex- 
ecutive disapproved  of  it,  in  which  case  I  prayed  to  receive  their 
pleasure.  Mr.  Houdon  being  now  re-established  in  his  health, 
and  no  countermand  received,  I  hope  this  measure  met  the  appro- 
bation of  the  Executive  :  Mr.  Houdon  will  therefore  go  over  with 
Dr.  Franklin,  some  time  in  the  next  month. 

I  have  the  honor  of  enclosing  you  the  substance  of  propositions 
which  have  been  made  from  London  to  the  Farmers  General  of 
this  country,  to  furnish  them  with  the  tobacco  of  Virginia  and 
Maryland,  which  propositions  were  procured  for  me  by  the  Mar- 
quis de  la  Fayette.  I  take  the  liberty  of  troubling  you  with  them, 
on  a  supposition  that  it  may  be  possible  to  have  this  article  furnish- 
ed from  those  two  States  to  this  country,  immediately,  without  its 
passing  through  the  entrepot  of  London,  and  the  returns  for  it  be- 
ing made,  of  course,  in  London  merchandise.  Twenty  thousand  hogs- 
heads of  tobacco  a  year,  delivered  here  in  exchange  for  the  pro- 


233 

duce  and  manufactures  of  this  country,  many  of  which  are  as  good, 
some  better,  and  most  of  them  cheaper  than  in  England,  would 
establish  a  rivalship  for  our  commerce,  which  would  have  happy 
effects  in  all  the  three  countries.  Whether  this  end  will  be  best 
effected  by  giving  out  these  propositions  to  our  merchants,  and 
exciting  them  to  become  candidates  with  the  Farmers  General  for 
this  contract,  or  by  any  other  means,  your  Excellency  will  best 
judge  on  the  spot. 

I  have  the  honor  to  be,  with  sentiments  of  due  respect, 
your  Excellency's 

most  obedient  and 

most  humble  servant, 

Th:  Jefferson.. 

P.  S.  1  have  written  on  the  last  subject  to  the  Governor  of 
Maryland  also. 


LETTER    LXIV. 

TO    COLONEL    MONROE. 

Paris,  June  17, 1785. 
Dear  Sir, 

1  received  three  days  ago  your  favor  of  April  the  12th.  You 
therein  speak  of  a  former  letter  to  me,  but  it  has  not  come  to 
hand,  nor  any  other  of  later  date  than  the  14th  of  December. 
My  last  to  you  was  of  the  11th  of  May,  by  Mr.  Adams,  who  went 
in  the  packet  of  that  month.  These  conveyances  are  now  be- 
coming deranged.  We  have  had  expectations  of  their  coming  to 
Havre,  which  would  infinitely  facilitate  the  communication  between 
Paris  and  Congress ;  but  their  deliberations  on  the  subject  seem 
to  be  taking  anotlier  turn.  They  complain  of  the  expense,  and 
that  their  commerce  with  us  is  too  small  to  justify  it.  They  there- 
fore talk  of  sending  a  packet  every  six  weeks  only.  The  present 
one,  therefore,  which  should  have  sailed  about  this  time,  will  not 
sail  till  the  1st  of  July.  However,  the  whole  matter  is  as  yet  un- 
decided. I  have  hopes  that  when  Mr.  St.  John  arrives  from  New 
York,  he  will  get  them  replaced  on  their  monthly  system.  By 
the  bye,  what  is  the  meaning  of  a  very  angry  resolution  of  Con- 
gress on  his  subject?  I  have  it  not  by  me,  and  therefore  cannot 
cite  it  by  date,  but  you  will  remember  it,  and  oblige  me  by  ex- 
plaining its  foundation.  This  will  be  handed  you  by  Mr.  Otto, 
who  comes  to  America  as  Charge  des  Affaires,  in  the  room  of  Mr. 
VOL.  I.  30 


234 

Marbois,  promoted  to  the  Intendancy  of  Hispaniola,  which  office  is 
next  to  that  of  Governor.  He  becomes  the  head  of  the  civil,  as 
the  Governor  is  of  the  military  department. 

I  am  much  pleased  with  Otto's  appointment;  he  is  good  hu- 
mored, affectionate  to  America,  will  see  things  in  a  friendly  light 
when  they  admit  of  it,  in  a  rational  one,  always,  and  will  not  pique 
himself  on  writing  every  trifling  circumstance  of  irritation  to  his 
court.  I  wish  you  to  be  acquainted  with  him,  as  a  friendly  inter- 
course between  individuals  who  do  business  together,  produces  a 
mutual  spirit  of  accommodation  useful  to  both  parties.  It  is  very 
much  our  interest  to  keep  up  the  affection  of  this  country  for  us, 
which  is  considerable.  A  court  has  no  affections ;  but  those  of 
the  people  whom  they  govern,  influence  tlieir  decisions,  even  in 
the  most  arbitrary  governments. 

The  negotiations  between  the  Emperor  and  Dutch,  are  spun 
out  to  an  amazing  length.  At  present  there  is  no  apprehension 
but  that  they  will  terminate  in  peace.  This  court  seems  to  press 
it  with  ardor,  and  the  Dutch  are  averse,  considering  the  terms 
cruel  and  unjust,  as  they  evidently  are.  The  present  delays, 
therefore,  are  imputed  to  their  coldness  and  to  their  forms.  In 
the  mean  time,  the  Turk  is  delaying  the  demarcation  of  hmits  be- 
tween him  and  the  Emperor,  is  making  the  most  vigorous  prepara- 
tions for  war,  and  has  composed  his  ministry  of  warlike  characters, 
deemed  personally  hostile  to  the  Emperor.  Thus  time  seems  to 
be  spinning  out,  both  by  the  Dutch  and  Turks,  and  time  is  wanting 
for  France.  Every  year's  delay  is  a  great  thing  for  her.  It  is  not 
impossible,  therefore,  but  that  she  may  secretly  encourage  the 
delays  of  the  Dutch,  and  hasten  the  preparations  of  the  Porte, 
while  she  is  recovering  vigor  herself,  also,  in  order  to  be  able  to 
present  such  a  combination  to  the  Emperor  as  may  dictate  to  him 
to  be  quiet.  But  the  designs  of  these  courts  are  unsearchable. 
It  is  our  interest  to  pray  that  this  country  may  have  no*  continental 
war,  till  our  peace  with  England  is  perfectly  setded.  The  mer- 
chants of  this  country  continue  as  loud  and  furious  as  ever  against 
the  Arret  of  August,  1 784,  permitting  our  Commerce  with  their 
islands  to  a  certain  degree.  Many  of  them  have  actually  aban- 
doned their  trade.  The  ministry  are  disposed  to  be  firm ;  but 
there  is  a  point  at  which  th6y  will  give  way :  that  is,  if  the  cla- 
mors should  become  such  as  to  endanger  their  places.  It  is  evi- 
dent that  nothing  can  be  done  by  us,  at  this  time,  if  we  may  hope 
it  hereafter.  I  like  your  removal  to  New  York,  and  hope  Con- 
gress will  continue  there,  and  never  execute  the  idea  of  building 
their  Federal  town.  Before  it  could  be  finished,  a  change  of 
members  in  Congress,  or  the  admission  of  new  States,  would  re- 


235 

move  them  some  where  else.  It  is  evident  that  when  a  sufficient 
number  of  the  western  States  come  in,  they  will  remove  it  to 
Georgetown.  In  the  mean  time,  it  is  our  interest  that  it  should 
remain  where  it  is,  and  give  no  new  pretensions  to  any  other  place. 
I  am  also  much  pleased  with  the  proposition  to  the  States  to  invest 
Congress  with  the  regulation  of  their  trade,  reserving  its  revenue 
to  the  States.  I  think  it  a  happy  idea,  removing  the  only  objec- 
tion which  could  have  been  justly  made  to  the  proposition.  The 
time  too,  is  the  present,  before  the  admission  of  the  western  Sates. 
I  am  very  differently  affected  towai'ds  the  new  plan  of  opening 
our  land  office,  by  dividing  the  lands  among  the  States,  and  selling 
them  at  vendue.  It  separates  still  more  the  interests  of  the  States, 
which  ought  to  be  made  joint  in  every  possible  instance,  in  order 
to  cultivate  the  idea  of  our  being  one  nation,  and  to  multiply  the 
instances  in  which  the  people  shall  look  up  to  Congress  as  their 
head.  And  when  the  States  get  their  portions,  they  will  either 
fool  them  away,  or  make  a  job  of  it  to  serve  individuals.  Proofs 
of  both  these  practices  have  been  furnished,  and  by  either  of 
them  that  invaluable  fund  is  lost,  which  ought  to  pay  our  public 
debt.  To  sell  them  at  vendue,  is  to  give  them  to  the  bidders  of 
the  day,  be  they  many  or  few.  It  is.  ripping  up  the  hen  which 
lays  golden  eggs.  If  sold  in  lots  at  a  fixed  price,  as  first  pro-, 
posed,  the  best  lots  will  be  sold  first ;  as  these  become  occupied, 
it  gives  a  value  to  the  interjacent  ones,  and  raises  them,  though  of 
inferior  quality,  to  the  price  of  the  first.  I  send  you  by  Mr.  Otto, 
a  copy  of  my  book.  Be  so  good  as  to  apologise  to  Mr.  Thomp- 
son for  my  not  sending  him  one  by  this  conveyance.  I  could  not 
burthen  Mr.  Otto  with  more,  on  so  long  a  road  as  that  from  here 
to  L'Orient.  '  I  will  send  him  one  by  a  Mr.  Williams,  who  will  go 
ere  long.  I  have  taken  measures  to  prevent  its  publication.  My 
reason  is,  that  I  fear  the  terms  in  which  I  speak  of  slavery,  and 
of  our  constitution,  may  produce  an  irritation  which  will  revolt  the 
minds  of  our  countrymen  against  reformation  in  these  two  articles, 
and  thus  do  more  harm  than  good.  I  have  asked  of  Mr.  Madi- 
son to  sound  this  matter  as  far  as  he  can,  and  if  he  thinks  it  will 
not  produce  that  effect,  I  have  then  copies  enough  printed  to  give 
one  to  each  of  the  young  men  at  the  College,  and  to  my  friends 
in  the  country. 

I  am  sorry  to  see  a  possibility  of  *  *  being  put  into  the  Trea- 
sury. He  has  no  talents  for  the  office,  and  what  he  has,  will  be 
employed  in  rummaging  old  accounts  to  involve  you  in  eternal 
war  with  ^  *  and  he  will,  in  a  short  time,  introduce  such  dis- 
sensions into  the  commission,  as  to  break  it  up.  If  he  goes  on 
the  other  appointment  to  ,  Kaskaskia,  he  will  produce  a  revolt  of 


236 

that  settlement  from  the  United  States.  I  thank  you  for  your  at- 
tention to  my  outfit.  For  the  articles  of  household  furniture, 
clothes,  and  a  carriage,  I  have  already  paid  twenty-eight  thousand 
livres,  and  have  still  more  to  pay.  For  the  greatest  part  of  this,  I 
have  been  obliged  to  anticipate  my  salary,  from  which,  however,  I 
shall  never  be  able  to  repay  it.  1  find,  that  by  a  rigid  economy, 
bordering  however  on  meanness,  I  can  save  perhaps,  five  hundred 
livres  a  month,  at  least  in  the  summer.  The  residue  goes  for  ex- 
penses so  much  of  course  and  of  necessity,  that  I  cannot  avoid  them 
without  abandoning  all  respect  to  my  public  character.  Yet  I  will 
pray  you  to  touch  this  string,  which  I  know  to  be  a  tender  one 
with  Congress,  with  the  utmost  delicacy.  I  had  rather  be  ruined 
in  my  fortune,  than  in  their  esteem.  If  they  allow  me  half  a 
year's  salary  as  an  outfit,  I  can  get  through  my  debts  in  time.  If 
they  raise  the  salary  to  what  it  was,  or  even  pay  our  house  rent 
and  taxes,  I  can  live  with  more  decency.  I  trust  that  Mr.  Adams's 
house  at  the  Hague,  and  Dr.  Franklin's  at  Passy,  the  rent  of 
which  has  been  always  allowed  him,  will  give  just  expectations  of 
the  same  allowance  to  me.  Mr.  Jay,  however,  did  not  charge  it, 
but  he  lived  economically  and  laid  up  money. 

I  will  take  the  liberty  of  hazarding  to  you  some  thoughts  on 
the  policy  of  entering  into  treaties  with  the  European  nations, 
and  the  nature  of  them.  I  am  not  wedded  to  these  ideas,  and, 
therefore,  shall  relinquish  them  cheerfully  when  Congress  shall 
adopt  others,  and  zealously  endeavor  to  carry  theirs  into  effect. 
First,  as  to  the  policy  of  making  treaties.  Congress,  by  the  Con- 
federation, have  no  original  and  inherent  power  over  the  commerce 
of  the  States.  But  by  the  9th  article,  they  are  authorised  to  enter 
into  treaties  of  commerce.  The  moment  these  treaties  are  con- 
cluded,, the  jurisdiction  of  Congress  over  the  commerce  of  the ' 
States,  springs  into  existence,  and  that  of  the  particular  States  is 
superseded  so  far  as  the  articles  of  the  treaty  may  have  taken  up 
the  subject.  There  are  two  restrictions  only,  on  the  exercise  of 
the  power  of  treaty  by  Congress.  1st.  That  they  shall  not,  by 
such  treaty,  restrain  the  legislatures  of  the  States  from  imposing 
such  duties  on  foreigners,  as  their  own  people  are  subject  to : 
nor  2ndly,  from  prohibiting  the  exportation  or  importation  of  any 
particular  species  of  goods.  Leaving  these  two  points  free.  Con- 
gress may,  by  tueaty,  establish  any  system  of  commerce  they 
please  ;  but,  as  I  before  observed,  it  is  by  treaty  alone  they  can 
do  it.  Though  they  may  exercise  their  other  powers  by  resolution 
or  ordinance,  those  over  commerce  can  only  be  exercised  by 
forming  a  treaty,  and  this,  probably,  by  an  accidental  wording  of 
our  Confederation.     If,  therefore,  it  is  better  for  the  States  that 


237 

Congress  should  regulate  their  commerce,  it  is  proper  that  tliey 
should  form  treaties  with  all  nations  with  whom  we  may  possibly 
trade.  You  see  that  my  primary  object  in  the  formation  of  trea- 
ties, is  to  take  the  commerce  of  the  States  out  of  the  hands  of  the 
States,  and  to  place  it  under  the  superintendence  of  Congress,  so 
far  as  the  imperfect  provisions  of  our  constitution  will  admit,  and 
until  the  States  shall,  by  new  compact,  make  them  more  perfect. 
I  would  say  then  to  every  nation  on  earth,  by  treaty^  your  people 
shall  trade  freely  with  us,  and  ours  with  you,  paying  no  more  than 
the  most  favored  nation,  in  order  to  put  an  end  to  the  right  of  in- 
dividual States,  acting  by  fits  and  starts,  to  interrupt  our  commerce 
or  to  embroil  us  with  any  nation.  As  to  the  terms  of  these  trea- 
ties, the  question  becomes  more  difficult.  I  will  mention  three 
different  plans.  1.  That  no  duties  shall  be  laid  by  either  party 
on  the  productions  of  the  other.  2.  That  each  may  be  permitted 
to  equalise  their  duties  to  those  laid  by  the  other.  3.  That  each 
shall  pay  in  the  ports  of  the  other,  such  duties  only  as  die  most 
favored  nations  pay. 

1.  Were  the  nations  of  Europe  as  free  and  unembarrassed  of 
established  systems  as  we  are,  I  do  verily  believe  they  would  con- 
cur with  us  in  the  first  plan.  But  it  is  impossible.  These  esta- 
blishments are  fixed  upon  them ;  they  are  interwoven  with  the  body 
of  their  laws  and  the  organization  of  their  government,  and  they 
make  a  great  part  of  their  revenue  ;  they  cannot  then  get  rid  of 
them. 

2.  The  plan  of  equal  imposts  presents  difficulties  insurmountable. 
For  how  are  the  equal  imposts  to  be  effected  ?  Is  it  by  laying  in 
the  ports  of  A,  an  equal  per  cent,  on  the  goods  of  B,  with  that 
which  B  has  laid  in  his  ports  on  the  goods  of  A  ?  But  how  are 
we  to  find  what  is  that  per  cent.  ?  For  this  is  not  the  usual  form  of 
imposts.  They  generally  pay  by  the  ton,  by  the  measure,  by  the 
weight,  and  not  by  the  value.  Besides,  if  A  sends  a  million's 
worth  of  goods  to  B,  and  takes  back  but  the  half  of  that,  and  each 
pays  the  same  per  cent.,  it  is  evident  that  A  pays  the  double  of 
what  he  recovers  in  the  same  way  from  B :  this  would  be  Our  case 
with  Spain.  Shall  we  endeavor  to  effect  equality,  then,  by  saying 
A  may  levy  so  much  on  the  sum  of  B's  importations  into  his  ports, 
as  B  does  on  the  sum  of  A's  importations  into  the  ports  of  B  ? 
But  how  find  out  that  sum  ?  Will  either  party  lay  open  their  cus- 
tom house  books  candidly  to  evince  this  sum  ?  Does  either  keep 
their  books  so  exactly  as  to  be  able  to  do  it  ?  This  proposition 
was  started  in  Congress  when  our  instructions  were  formed,  as 
you  may  remember,  and  the  impossibility  of  executing  it  occasioned 
it  to  be  disapproved.     Besides,  who  should  have  a  right  of  decid- 


238 

ing,  when  the  imposts  were  equal.  A  would  say  to  B,  my  im- 
posts do  not  raise  so  much  as  yours;  I  raise  them  therefora.  B 
would  then  say,  you  have  made  them  greater  than  mine,  I  will 
raise  mine  ;  and  thus  a  kind  of  auction  would  be  carried  on  be- 
tween them,  and  a  mutual  irritation,  which  would  end  in  any  thing, 
sooner  than  equality  and  right. 

3.  I  confess  then  to  you,  that  I  see  no  alternative  left  but  that 
which  Congress  adopted,  of  each  party  placing  the  other  on  the 
footing  of  the  most  favored  nation.  If  the  nations  of  Europe,  from 
their  actual  establishments,  are  not  at  liberty  to  say  to  America, 
that  she  shall  trade  in  their  ports  duty  free,  they  may  say  she  may 
trade  there  paying  no  higher  duties  than  the  most  favored  nation  ; 
and  this  is  valuable  in  many  of  these  countries,  where  a  very  great 
difference  is  made  between  different  nations.  There  is  no  diffi- 
culty in  the  execution  of  this  contract,  because  there  is  not  a  mer- 
chant who  does  not  know,  or  may  not  know,  the  duty  paid  by 
every  nation  on  every  article.  This  stipulation  leaves  each  party 
at  liberty  to  regulate  their  9wn  commerce  by  general  rules,  while 
it  secures  the  other  from  partial  and  oppressive  discriminations. 
The  difficulty  which  arises  in  our  case  is,  with  the  nations  having 
American  territory.  Access  to  the  West  Indies  is  indispensably 
necessary  to  us.  Yet  how  to  gain  it,  when  it  is  the  established 
system  of  these  nations  to  exclude  all  foreigners  from  their  colo- 
nies. The  only  chance  seems  to  be  this  :  our  commerce  to  the  mo- 
ther countries  is  valuable  to  them.  We  must  endeavor,  then,  .to 
make  this  the  price  of  an  admission  into  their  West  Indies,  and  to 
those  who  refuse  the  admission,  we  must  refuse  our  commerce,  or 
load  theirs  by  odious  discriminations  in  our  ports.  We  have  this 
circumstance  in  our  favor  too,  that  what  one  grants  us  in  their 
islands,  the  others  will  not  find  it  worth  their  while  to  refuse.  The 
misfortune  is,  that  with  this  country  we  gave  this  price  for  their 
aid  in  the  war,  and  we  have  now  nothing  more  to  offer.  She  be- 
ing withdrawn  from  the  competition,  leaves  Great  Britain  much 
more  at  liberty  to  hold  out  against  us.  This  is  the  difficult  part 
of  the  business  of  treaty,  and  I  own  it  does  not  hold  out  the  most 
flattering  prospects. 

I  wish  you  would  consider  this  subject,  and  write  me  your 
thoughts  on  it.  Mr.  Gerry  wrote  me  on  the  same  subject.  Will 
you  give  me  leave  to  impose  on  you  the  trouble  of  communicating 
this  to  him  ?  It  is  long,  and  will  save  me  much  labor  in  copying. 
I  hope  he  will  be  so  indulgent  as  to  consider  it  as  an  answer  to 
that  part  of  his  letter,  and  will  give  me  his  further  thoughts  on  it. 

Shall  I  send  you  so  much  of  the  Encyclopedie  as  is  already 
published,  or  reserve  it  here  till  you  come  ?     It  is  about  forty  vo- 


239 

lumes,  which  probably  Is  about  half  the  work.  Give  yourself  no 
uneasiness  about  the  money  ;  perhaps  I  may  find  it  convenient  to 
ask  you  to  pay  trifles  occasionally  for  me  in  America.  I  sincerely 
wish  you  may  fin^  it  convenient  to  come  here  ;  the  pleasure  of  the 
trip  will  be  less  than  you  expect,  but  the  utility  greater.  It  will 
make  you  adore  your  own  country,  its  soil,  its  climate,  its  equality, 
liberty,  laws,  people  and  manners.  My  God  !  how  httle  do  my 
countrymen  know  what  precious  blessings  they  are  in  possession 
of,  and  which  no  other  people  on  earth  enjoy.  I  confess  I  had  no 
idea  of  it  myself.  While  we  shall  see  multiplied  instances  of  Eu- 
ropeans going  to  live  in  America,  I  will  venture  to  say  no  man  now 
living,  will  ever  see  an  instance  of  an  American  removing  to  settle 
in  Europe,  and  continuing  there.  Come  then  and  see  the  proofs 
of  this,  and  on  your  return  add  your  testimony  to  that  of  every 
thinking  American,  in  order  to  satisfy  our  countrymen  how  much 
it  is  their  interest  to  preserve,  uninfected  by  contagion,  those  pe- 
culiarities in  their  governments  and  manners,  to  which  they  are  in- 
debted for  those  blessings.  Adieu,  my  dear  friend  ;  present  me 
aflfectionately  to  your  colleagues.  If  any  of  them  think  me  worth 
writing  to,  they  may  be  assured  that  in  the  epistolary  account  I 
will  keep  the  debit  side  against  them.     Once  more,  adieu. 

Your's  afFecdonately, 

Th:  Jefferson. 

P.  S.  June  19.  Since  writing  the  above  w^e  have  received  the 
following  account :  Monsieur  Pilatre  de  Roziere,  who  had  been  wait- 
ing for  some  months  at  Boulogne  for  a  fair  wind  to  cross  the  chan- 
nel, at  length  took  his  ascent  with  a  companion.  The  wind  changed 
after  a  while,  and  brought  him  back  on  the  French  coast.  Being 
at  a  height  of  about  six  thousand  feet,  some  accident  happened  to 
his  balloon  of  inflammable  air  ;  it  burst,  they  fell  from  that  height, 
and  were  crushed  to  atoms.  There  was  a  montgolfier  combined 
with  the  balloon  of  inflammable  air.  It  is  suspected  the  heat  of 
the  montgolfier  rarefied  too  much  the  inflammable  air  of  the  other, 
and  occasioned  it  to  burst.  The  montgolfier  came  down  in  good 
order.  T.  J. 


Dear  Sir 


240 

LETTER    LXV. 

TO    CHARLES    THOMPSON. 

Paris,  June  21,  1785. 


Your  favor  of  March  the  6th,  has  come  duly  to  hand.  You 
therein  acknowledge  the  receipt  of  mine  of  November  the  11th; 
at  that  time  you  could  not  have  received  my  last,  of  February  tlie 
8th.  At  present  there  is  so  little  new  in  politics,  literature,  or  the 
arts,  that  I  write  rather  to  prove  to  you  my  desire  of  nourishing 
your  correspondence,  than  of  being  able  to  give  you  any  thing  inte- 
resting at  this  time.  The  political  world  is  almost  lulled  to  sleep 
by  the  lethargic  slate  of  the  Dutch  negotiation,  which  will  proba- 
bly end  in  peace.  Nor  does  this  court  profess  to  apprehend,  that 
the  Emperor  will  involve  this  hemisphere  in  war  by  his  schemes 
on  Bavaria  and  Turkey.  The  arts,  instead  of  advancing,  have 
lately  received  a  check,  which  will  probably  render  stationary  for 
a  while,  that  branch  of  them  which  had  promised  to  elevate  us  to 
the  skies.  Pilatre  de  Roziere,  who  had  first  ventured  into  that 
region,  has  fallen  a  sacrifice  to  it.  In  an  attempt  to  pass  from  Bou- 
logne over  to  England,  a  change  in  the  wind  having  brought  him 
back  on  the  coast  of  France,  some  accident  happened  to  his  bal- 
loon of  inflammable  air,  which  occasioned  it  to  burst,  and  that  of 
rarefied  air  combined  with  it  being  then  unequal  to  tlie  weight, 
they  fell  to  the  earth  from  a  height,  which  the  first  reports  made 
six  thousand  feet,  but  later  ones  have  reduced  to  sixteen  hun- 
dred. Pilatre  de  Roziere  was  dead  when  a  peasant,  distant 
one  hundred  yards  only,  run  to  him ;  but  Remain,  his  companion, 
lived  about  ten  minutes,  though  speechless,  and  without  his  senses. 
In  literature  there  is  nothing  new.  For  I  do  not  consider  as  having 
added  any  thing  to  that  field,  my  own  Notes,  of  which  I  have  had  a 
few  copies  printed.  I  will  send  you  a  copy  by  the  first  safe  convey- 
ance. Having  troubled  Mr.  Otto  with  one  for  Colonel  Monroe, 
I  could  not  charge  him  with  one  for  you.  Pray  ask  the  favor  of 
Colonel  Monroe  in  page  5,  line  17,  to  strike  out  the  words  'above 
the  mouth  of  Appamattox,'  which  make  nonsense  of  the  passage ; 
and  I  forgot  to  correct  it  before  I  had  enclosed  and  sent  off  the 
copy  to  him.  I  am  desirous  of  preventing  the  reprinting  this, 
should  any  book  merchant  think  it  worth  it,  till  I  hear  from  my 
friends,  whether  the  terms  in  which  I  have  spoken  of  slavery  and 
the  constitution  of  our  State,  will  hot,  by  producing  an  irritation, 
retard  that  reformation  which  I  wish,  instead  of  promoting  it.     Dr. 


241 

Franklin  proposes  to  sail  for  America  about  the  first  or  second  week 
of  July.  He  do^s  not  yet  know  however,  by  what  conveyance  he 
can  go.  Unable  to  travel  by  land,  he  must  descend  the  Seine  in 
a  boat  to  Havre.  He  has  sent  to.  England  to  get  some  vessel 
bound  for  Philadelphia,  to  touch  at  Havre  for  him.  But  he  re- 
ceives information  that  this  cannot  be  done.  He  has  been  on  the 
look  out  ever  since  he  received  his  permission  to  return ;  but,  as 
yet,  no  possible  means  of  getting  a  passage  have  offered,  and  I  fear 
it  is  very  uncertain  when  any  will  offer. 
I  am  with  very  greftt  esteem,  Dear  Sir, 

your  friend  and  servant, 

Th:  Jefferson. 


LETTER    LXVI. 

TO    WILLIAM    CARMICHAEL. 

Paris,  June  22,  1785. 

Sir, 
Your  letter  of  April  the  4th,  came  to  my  hands  on  the  16th  of 
that  month,  and  was  acknowledged  by  mine  of  May  tlie  3rd. 
That  which  you  did  me  the  honor  to  write  me  on  the  5th  of  April, 
never  came  to  hand  until  the  19th  of  May,  upwards  of  a  month  af- 
ter the  one  of  the  day  before.  I  have  hopes  of  sending  the  present 
by  a  Mr.  Jarvis,  who  went  from  hence  to  Holland  some  time  ago. 
About  this  date,  I  suppose  him  to  be  at  Brussels,  and  that  from 
thence  he  will  inform  me,  whether,  in  his  way  to  Madrid,  he  will 
pass  by  this  place.  If  he  does,  this  shall  be  accompanied  by  a 
cypher  for  our  future  use ;  if  he  does  not,  I  must  still  await  a  safe 
opportunity.  Mr.  Jarvis  is  a  citizen  of  the  United  States,  from 
New  York,  a  gentleman  of  intelligence,  in  the  mercantile  line, 
from  whom  you  will  be  able  to  get  considerable  information  of 
American  affairs.  I  think  he  left  America  in  January.  He  in- 
formed us  that  Congress  w^ere  about  to  aj3point  a  Mr.  Lambe,  of 
Connecticut,  their  consul  to  Morocco,  and  to  send  him  to  their 
ministers,  commissioned  to  treat  with  the  Barbary  powers,  for  in- 
structions. Since  that,  Mr.  Jay  enclosed  to  Mr.  Adams,  in  London, 
a  resolution  of  Congress  deciding  definitively  on  amicable  treaties 
with  the  Barbary  States,  in  the  usual  way,  and  informing  him  that 
he  had  sent  a  letter  and  instructions  to  us,  by  Mr.  Lambe.  Though 
it  is  near  three  weeks  since  we  received  a  communication  of  this 
from  Mr.  Adams,  yet  we  hear  nothing  further  of  Mr.  Lambe. 

VOL.    I.  31 


242 

Our  powers  of  treating  with  the  Barbary  States  are  full,  but  in  the 
amount  of  the  expense  we  are  limited.  I  believe  you  may  safely 
assure  them,  that  they  will  soon  receive  propositions  from  us,  if 
you  find  such  an  assurance  necessary  to  keep  them  quiet.  Turn- 
ing at  this  instant  to  your  letter  dated  April  5th,  and  considering  it 
attentively,  I  am  persuaded  it  must  have  been  written  on  the  5th 
of  May :  of  this  little  mistake  I  ought  to  have  been  sooner  sensible. 
Our  latest  letters  from  America,  are  of  the  middle  of  April,  and 
are  extremely  barren  of  news.  Congress  had  not  yet  proposed 
a  time  for  their  recess,  though  it  was  thought  a  recess  would  take 
place.  Mr.  Morris  had  retired,  and  the  treasury  was  actually  ad- 
ministered by  commissioners.  Their  land  office  was  nof  yet 
opened.  The  settlements  at  Kaskaskia,  within  the  territory  ceded 
to  them  by  Virginia,  had  prayed  the  establishm.ent  of  a  regular 
government,  and  they  were  about  sending  a  commissioner  to  them. 
General  Knox  was  appointed  their  secretary  of  the  war  office. 
These,  I  think,  are  the  only  facts  we  have  learned  which  are  worth 
communicating  to  you.  The  inhabitants  of  Canada  have  sent  a 
sensible  petition  to  their  King,  praying  the  establishment  of  an 
Assembly,  the  benefits  of  the  habeas  corpus  laws,  and  other  privi- 
leges of  British  subjects.  The  establishment  of  an  Assembly  is 
denied,  but  most  of  their  other  desires  granted.  We  are  now  in 
hourly  expectation  of  the  arrival  of  the  packet  which  should  have 
sailed  from  New  York  in  May.  Perhaps  that  may  bring  us  mat- 
ter which  may  furnish  the  subject  of  a  more  interesting  letter. 

In  the  mean  time,  I  have  the  honor  to  be,  with  the  highest  re- 
spect, Sir, 

your  most  obedient  and 

most  humble  servant, 

Th:  Jefiferson. 

P.  S.  July  14.  I  have  thus  long  waited,  day  after  day,  hoping 
to  hear  from  Mr.  Jarvis,  that  I  might  send  a  cypher  with  this :  but 
now  give  up  the  hope.  No  news  yet  of  Mr.  Lambe.  The 
packet  has  arrived  but  brings  no  intelligence,  except  that  it  is 
doubtful  whether  Congress  will  adjourn  this  summer.  The  As- 
sembly of  Pennsylvania  propose  to  suppress  their  bank  on  prin- 
ciples of  policy.  T.  J. 


243 

LETTER    LXVII. 

TO  JOHN  ADAMS. 

Paris,  June  23, 1785. 
Dear  Sir, 

My  last  to  you  was  of  the  2nd  instant,  since  which  I  have  re- 
ceived yours  of  the  3rd  and  7th.  I  informed  you  in  mine  of  the 
substance  of  our  letter  to  Baron  Thulemeyer :  last  night  came  to 
hand  his  acknowledgment  of  the  receipt  of  it.  He  accedes  to  the 
method  proposed  for  signing,  and  has  forwarded  our  dispatch  to 
the  King.  I  enclose  you  a  copy  of  our  letter  to  Mr.  Jay,  to  go 
by  the  packet  of  this  month.  It  contains  a  state  of  our  proceed- 
ings since  the  preceding  letter,  which  you  had  signed  with  us. 
This  statement  contains  nothing  but  what  you  had  concurred  with 
us  in;  and,  as  Dr.  Franklin  expects  to  go  early  in  July  to  America, 
it  is  probable  that  the  future  letters  must  be  written  by  you  and 
myself.  I  shall  therefore  take  care  that  you  be  furnished  with 
copies  of  every  thing  which  comes  to  hand  on  the  joint  business. 

What  is  become  of  this  Mr.  Lambe?  I  am  uneasy  at  the  de- 
lay of  that  business,  since  we  know  the  ultimate  decision  of  Con- 
gress. Dr.  Franklin,  having  a  copy  of  the  Corps  Diplomatique, 
has  promised  to  prepare  a  draught  of  a  treaty  to  be  offered  to  the 
Barbary  States :  as  soon  as  he  has  done  so,  we  will  send  it  to  you 
for  your  corrections.  We  think  it  will  be  best  to  have  it  in  readi- 
ness against  the  arrival  of  Mr.  Lambe,  on  the  supposition  that  he 
may  be  addressed  to  the  joint  ministers  for  instructions. 

I  asked  the  favor  of  you  in  my  last,  to  choose  two  of  the  best 
London  papers  for  me ;  one  of  each  party.  The  Duke  of  Dorset 
has  given  me  leave  to  have  them  put  under  his  address,  and  sent 
to  the  office  from  which  his  despatches  come.  I  think  he  called 
it  Cleveland  office,  or  Cleveland  lane,  or  by  some  such  name  ; 
however,  I  suppose  it  can  easily  be  known  there.  Will  Mr.  Stock- 
dale  undertake  to  have  these  papers  sent  regularly,  or  is  this  out 
of  the  line  of  his  business?  Pray  order  me  also  any  really  good 
pamphlets  that  come  out  from  time  to  time,  which  he  will  charge 
to  me. 

I  am,  with  great  esteem.  Dear  Sir, 

your  friend  and  servant, 

Th:  Jefferson. 


244 

LETTER  LXVIII. 
TO    COLONEL    MONROE. 

Paris,  July  5, 1785. 

Dear  Sir, 
I  wrote  you  by  Mr.  Adams,  May  the  11th,  and  by  Mr.  Otto, 
June  the  17th.  The  latter  acknowledged  the  receipt  of  yours  of 
April  the  12th,  which  is  the  only  one  come  to  hand  of  later  date 
than  December  the  14th.  Little  has  occurred  since  my  last.  Peace 
seems  to  show  herself  under  a  more  decided  form.  The  Emperor 
is  now  on  a  journey  to  Italy,  and  the  two  Dutch  Plenipotentiaries 
have  set  out  for  Vienna  ;  there  to  make  an  apology  for  their  State 
having  dared  to  fire  a  gun  in  defeuct;  of  her  mvaded  rights :  this 
is  insisted  on  as  a  preliminary  condition.  The  Emperor  seems  to 
prefer  the  glory  of  terror  to  that  of  justice  ;  and,  to  satisfy  this  tin- 
sel passion,  plants  a  dagger  in  the  heart  of  every  Dutchman  which 
no  time  will  extract.  I  enquired  lately  of  a  gentleman  who  lived 
long  at  Constantinople,  in  a  public  character,  and  enjoyed,  the 
confidence  of  that  government,  insomuch,  as  to  become  well  ac- 
quainted with  its  spirit  and  its  powers,  what  he  thought  might  be 
the  issue  of  the  present  affair  between  the  Emperor  and  the  Porte. 
He  thinks  the  latter  will  not  push  matters  to  a  war ;  and,  if  they  do, 
they  rriust  fail  under  it.  They  have  lost  their  warlike  spirit,  and 
their  troops  cannot  be  induced  to  adopt  the  European  arms.  We 
have  no  news  yet  of  Mr.  Lambe  ;  of  course,  our  Barbary  pro- 
ceedings are  still  at  a  stand.* 

Yours  affectionately, 

Th:  Jefferson. 


LETTER  LXIX. 
TO    MRS.    SPROWLE. 

Paris,  July  5,  1785. 
Madam, 

Your  letter  of  the  21st  of  June,  has  come  safely  to  hand.  That 
which  you  had  done  me  the  honor  of  writing  before,  has  not  yet 
been  received.     It  having  gone  by  Dr.  Witherspoon  to  America, 

[*  The  remainder  of  this  letter  is  in  cypher,  to  which  there  is  no  key  in  the 
Editor's  possession.] 


245 

which  I  had  left  before  his  return  to  it,  the  delay  is  easily  ac- 
counted for. 

I  wish  you  may  be  rightly  informed  that  the  property  of  Mr. 
Sprowle  is  yet  unsold.  It  was  advertised  so  long  ago,  as  to  found 
a  presumption  that  the  sale  has  taken  place.  In  any  event  you 
may  go  safely  to  Virginia.  It  is  in  the  London  newspapers  only, 
that  exist  those  mobs  and  riots,  which  are  fabricated  to  deter 
strangers  from  going  to  America.  Your  person  will  be  sacredly 
safe,  and  free  from  insult.  You  can  best  judge,  from  the  charac- 
•  ter  and  qualities  of  your  son,  whether  he  may  be  an  useful  coad- 
jutor to  you  there.  I  suppose  him  to  have  taken  side  with  the 
British,  before  our  Declaration  of  Independence ;  and,  if  tliis  was 
the  case,  I  respect  the  candor  of  the  measure,  though  I  do  not  its 
wisdom.  A  right  to  take  the  side  which  every  man's  consci.ence 
approves  in  a  civil  contest,  is  too  precious  a  right,  and  too  favora- 
ble to  the  preservation  of  liberty,  not  to  be  protected  by  all  its 
well  informed  friends.  The  Assembly  of  Virginia  have  given 
sanction  to  this  right  in  several  of  their  laws,  discriminating  honora- 
bly, those  who  took  side  against  us,  before  the  Declaration  of  In- 
dependence, from  those  who  remained  among  us,  and  strove  to 
injure  us  by  their  treacheries.  I  sincerely  wish  that  you,  and  every 
other  to  whom  this  distinction  applies  favorably,  may  find  in  the 
Assembly  of  Virginia,  the  good  effects  of  that  justice  and  gene- 
rosity, which  have  dictated  to  them  this  discrimination.  It  is  a 
sentiment  which  will  gain  strength  in  their  breasts,  in  proportion 
as  they  can  forget  the  savage  cruelties  committed  on  them,  and 
will,  I  hope,  in  the  end,  induce  them  to  restore  the  property  itself, 
wherever  it  is  unsold,  and  the  price  received  for  it,  where  it  has 
Jjeen  actually  sold. 

I  am,  Madam, 

your  very  humble  servant, 

Th  :  Jefferson. 


LETTER    LXX. 

TO   JOHN    ADAMS. 

Paris,  July  7,  178^ 


Dear  Sir,  * 

This  will  accompany  a  joint  letter  enclosing  the  draft  of  a  treaty, 

and  my  private  letter  of  June  23rd,  which  has  waited  so  long  for 

a  private  conveyance.     We  daily  expect  from  the  Baron  Thu- 


246 

lemeyer,  the  French  column  for  our  treaty  with  his  sovereign.  In 
the  mean  while,  two  copies  are  preparing  with  the  English  column, 
which  Dr.  Franklin  wishes  to  sign  before  his  departure,  which 
will  be  within  four  or  five  days.  The  French,  when  received, 
will  be  inserted  in  the  blank  columns  of  each  copy.  As  the  mea- 
sure of  signing  at  separate  times  and  places  is  new,  we  think  it 
necessary  to  omit  no  other  circumstance  of  ceremony  which  can 
be  observed.  That  of  sending  it  by  a  person  of  confidence,  and 
invested  with  a  character  relative  to  the  object,  who  shall  attest 
our  signature  here,  yours  in  London,  and  Baron  Thulemeyer's  at 
the  Hague,  and  who  shall  make  the  actual  exchanges,  we  think 
will  contribute  to  supply  the  departure  from  tlie  usual  form,  in 
other  instances.  For  this  reason,  we  have  agreed  to  send  Mr. 
Short  on  this  business,  to  make  him  a  secretary  pro  hac  vice,  and 
to  join  Mr.  Dumas  for  the  operations  of  exchange,  &ic.  As  Dr. 
Franklin  will  have  left  us  before  Mr.  Short's  mission  will  commence, 
and  I  have  never  been  concerned  in  the  ceremonials  of  a  treaty, 
I  will  thank  you  for  your  immediate  information  as  to  the  papers 
he  should  be  furnished  with  from  hence.  He  will  repair  first  to 
you  in  London,  thence  to  the  Hague,  and  then  return  to  Paris. 

What  has  becorne  of  Mr.  Lambe  ?  Supposing  he  was  to  call  on 
the  commissioners  for  instructions,  and  thinking  it  best  these  should 
be  in  readiness.  Dr.  Franklin  undertook  to  consult  well  the  Bar- 
bary  treaties  with  other  nations,  and  to  prepare  a  sketch  which  we 
should  have  sent  for  your  correction.  He  tells  me  he  has  con- 
sulted those  treaties,  and  made  references  to  the  articles  proper 
for  us,  which,  however,  he  will  not  have  time  to  put  into  form,  but 
will  leave  them  with  me  to  reduce.  As  soon  as  I  see  them,  you 
shall  hear  from  me.  A  late  conversation  with  an  English  gentler- 
man  here,  makes  me  believe,  what  I  did  not  beheve  before ;  that 
his  nation  thinks  seriously  that  Congress  have  no  power  to  form  a 
treaty  of  commerce.  As  the  explanations  of  this  matter,  which 
you  and  I  may  separately  give,  may  be  handed  to  their  minister, 
it  would  be  well  that  they  should  agree.  For  this  reason,  as  well 
as  for  the  hope  of  your  shewing  me  wherein  I  am  wrong,  and 
confirming  me  where  I  am  right,  I  will  give  you  my  creed  on  the 
subject.  It  is  contained  in  these  four  principles.  By  the  Confe- 
deration, Congress  have  no  power  given  them,  in  the  first  instance, 
over  the  commerce  of  the  States.  But  they  have  a  power  given 
them  of  entering  into  treaties  of  commerce,  and  these  treaties  may 
cover  the  whole  field  of  commerce,  with  two  restrictions  only. 
1.  That  the  States  may  impose  equal  duties  on  foreigners  as  na- 
tives :  and  2.  That  they  may  prohibit  the  exportation  or  importa- 
tion of  any  species  of  goods  whatsoever.     When  they  shall  have 


247 

entered  into  such, treaty,  the  superintendence  of  it  results  to  them ; 
all  the  operations  of  commerce,  which  are  protected  by  its  stipu- 
laUons,  come  under  their  jurisdiction,  and  the  power  of  the  States 
to  thwart  them  by  their  separate  acts,  ceases.  If  Great  Britain 
asks,  then,  why  she  should  enter  into  treaty  with  us  ?  why  not  carry 
on  her  commerce  without  treaty  ?  I  answer ;  because  till  a  treaty  is 
made,  no  consul  of  hers  can  be  received,  (his  functions  being 
called  into  existence  by  a  convention  only,  and  the  States  having 
abandoned  the  right  of  separate  agreements  and  treaties ;)  no  pro- 
tection to  her  commerce  can  be  given  by  Congress  ;  no  cover  to  it 
from  those  checks  and  discouragements,  with  which  the  States 
will  oppress  it,  acting  separately,  and  by  fits  and  starts.  That  they 
will  act  so  till  a  treaty  is  made,  Great  Britain  has  had  several 
proofs ;  and  I  am  convinced  those  proofs  will  become  general.  It 
is  then  to  put  her  commerce  witli  us  on  systematical  ground,  and 
under  safe  cover,  that  it  behoves  Great  Britain  to  enter  into  treaty. 
And  I  own  to  you,  that  my  wish  to  enter  into  treaties  with  the 
other  powers  of  Europe,  arises  more  from  a  desire  of  bringing  all 
our  commerce  under  the  jurisdiction  of  Congress,  than  from  any 
other  views.  Because,  according  to  my  idea,  the  commerce  of 
the  United  States  with  those  countries  not  under  treaty  with  us,  is 
under  the  jurisdiction  of  each  State  separately;  but  that  of  the 
countries  which  have  treated  with  us,  is  under  the  jurisdiction  of 
Congress,  with  the  two  fundamental  restraints  only,  which  I  have 
before  note^. 

I  shall  be  happy  to  receive  your  corrections  of  these  ideas,  as  I 
have  found,  in  the  course  of  our  joint  services,  tliat  I  think  right 
when  I  think  with  you. 

I  am,  with  sincere  affection,  Dear  Sir, 

your  friend  and  servant, 

Th;  Jefferson. 

P.  S.  Monsieur  Houdon  has  agreed  to  go  to  America  to  take 
tlie  figure  of  General  Washington.  In  case  of  his  death,  between 
his  departure  from  Paris,  and  his  return  to  it,  we  may  lose  twenty 
thousand  livres.  I  ask  the  favor  of  you  to  inquire  what  it  will  cost 
to  ensure  that  sum,  on  his  life,  in  London,  and  to  give  me  as  early 
an  answer  as  possible,  that  I  may  order  the  ensurance  if  I  think 
the  terms  easy  enough.  He  is,  I  believe,  between  thirty  and  thirty- 
five  years  of  age,  healthy  enough,  and  will  be  absent  about  six 
months.  T.  J. 


248 

LETTER    LXXI. 

TO    GENERAL    WASHINGTON. 

•  Paris,  July  10,  1785. 

Dear  Sir, 

Mr.  Houdon  would  much  sooner  have  had  the  honor  of  attend- 
ing you,  but  for  a  spell  of  sickness  which  long  induced  us  to  de- 
spair of  his  recovery,  and  from  which  he  is  but  recently  recovered. 
He  -comes  now,  for  the  purpose  of  lending  the  aid  of  his  art  to 
transmit  you  to  posterity.  He  is  without  rivalship  in  it,  being  em- 
ployed from  all  parts  of  Europe  in  whatever  is  capital.  He  has 
had  a  difficulty  to  withdraw  himself  from  an  order  of  the  Empress 
of  Russia  -y  a  difficulty  however,  that  arose  from  a  desire  to  shew 
her  respect,  but  which  never  gave  him  a  moment's  hesitation  about 
his  present  voyage,  which  he  considers  as  promising  the  brightest 
chapter  of  his  history.  I  have  spoken  of  him  as  an  artist  only; 
but  I  can  assure  you  also,  that,  as  a  man,  he  is  disinterested,  gene- 
rous, candid,  and  panting  after  glory :  in  every  circumstance  merit- 
ing your  good  opinion.  He  will  have  need  to  see  you  much  while 
he  shall  have  the  honor  of  being  with  you  ;  which  you  can  the 
more  freely  admit,  as  his  eminence  and  merit  give  him  admission 
into  genteel  societies  here.  He  will  need  an  interpreter.  I  sup- 
pose you  could  procure  some  person  from  Alexandria,  who  might 
be  agreeable  to  yourself,  to  perform  this  office.  He  brings  with 
him  one  or  two  subordinate  workmen,  who  of  course  will  associate 
with  their  own  class  only. 

On  receiving  the  favor  of  your  letter  of  February  the  25th,  I 
communicated  the  plan  for  clearing  the  Potomac,  with  the  act  of 
Assembly,  and  an  explanation  of  its  probable  advantages,  to  Mr. 
Grand,  whose  acquaintance  and  connection  with  the  monied  men 
here,  enabled  him  best  to  try  its  success.  He  has  done  so  ;  but  • 
to  no  end.  I  enclose  you  his  letter.  I  am  pleased  to  hear  in  the 
mean  time,  that  the  subscriptions  are  likely  to  be  filled  up  at 
home.  This  is  infinitely  better,  and  will  render  the  proceedings 
of  the  company  much  more  harmonious.  I  place  an  immense 
importance  to  my  own  countiy,  on  this  channel  of  connection  with 
the  new  western  States.  I  shall  continue  uneasy  till  I  know  that 
Virginia  has  assumed  her  ultimate  boundary  to  the  westward. 
The  late  example  of  the  State  of  Franklin  separating  from  North 
Carolina,  increases  my  anxieties  for  Virginia. 

The  confidence  you  are  so  good  as  to  place  in  me,  on  the  sub- 
ject of  the  interest  lately  'given  you  by  Virginia  in  the  Potomac 


249 

company,  is  very  flattering  to  me.  But  it  is  distressing  also,  inas- 
much as,  to  deserve  it,  it  obliges  me  to  give  my  whole  opinion. 
My  wishes  to  see  you  made  perfectly  easy,  by  receiving  tliose  just 
returns  of  gratitude  from  our  country  to  which  you  are  entitled, 
would  induce  me  to  be  contented  with  saying,  what  is  a  certain 
truth,  that  tlie  world  would  be  pleased  with  seeing  them  heaped 
on  you,  and  would  consider  your  receiving  them  as  no  derogation 
from  your  reputatbn.  But  I  must  own  that  the  declining  tliem 
will  add  to  that  reputation,  as  it  will  shew  that  your  motives  have 
been  pure  and  without  any  alloy.  This  testimony,  however,  is  not 
wanting  eitlier  to  those  who  know  you,  or  who  do  not.  Imust 
therefore  repeat,  that  I  think  the  receiving  them  will  not,  in  tlie 
least,  lessen  tlie  respect  of  the  world,  if  from  any  circumstances 
they  would  be  convenient  to  you.  The  candor  of  my  communi- 
cation will  find  its  justification,  I  know,  with  you. 

A  tolerable  certainty  of  peace  leaves  little  interesting  in  the  way 
of  intelligence.  Holland  and  the  Emperor  will  be  quiet.  If  any 
thing  is  brewing,  it  is  between  the  latter  and  the  Porte.  Nothing 
in  prospect  as  yet  from  England.  We  shall  bring  them,  however, 
to  a  decision,  now  that  Mr.  Adams  is  received  there.  I  wish  much 
to  hear  that  the  canal  through  the  Dismal  Swamp  is  resumed. 

I  have  the  honor  to  be,  widi  the  highest  respect  and  esteem, 
Dear  Sir,  your  most  obedient, 

and  most  humble  servant, 

Th:  Jefferson. 


LETTER    LXXII. 

TQ    THE    GOVERNOR    OF    VIRGINIA. 

Paris,  July  11,  1765. 

Sir,  , 

Mr.  Houdon's  long  and  desperate  illness  has  retarded,  till  now, 
his  departure  for  Virginia.  We  had  hoped,  from  our  first  con- 
versations with  him,  that  it  would  be  easy  to  make  our  terms,  and 
that  the  cost  of  the  statue  and  expense  of  sending  him,  would  be 
but  about  a  thousand  guineas.  But  when  we  came  to  setde  this 
precisely,  he  thought  himself  obliged .  to  ask  vastly  more ;  inso- 
much, that  at  one  moment,  we  thought  our  treaty  at  an  end.  But 
unwilling  to  commit  such  a  work  to  an  inferior  hand,  we  made 
him  an  ultimate  proposition  on  our  part.     He  was  as  much  morti- 

voL.  I.  32 


M 


260 

fied  at  the  prospect  of  not  being  the  executor  of  such  a  work,  as 
we  were,  not  to  have  it  done  by  such  a  hand.  He  therefore  ac- 
ceded to  our  terms;  though  we  are  satisfied  he  will  be  a  consid- 
erable loser.  We  were  led  to  insist  on  them,  because,  in  a  former 
letter  to  ihe  Governor,  I  had  given  the  hope  we  entertained  of 
bringing  the  whole  within  one  thousand  guineas.  The  terms  are 
twenty-five  thousand  livres,  or  one  thousand  English  guineas  (the 
English  guinea  being  worth  twenty-five  livres)  for  the  statue  and  pe- 
destal. Besides  this,  we  pay  his  expenses  going  and  returning,  which 
we  expect  will  be  between  four  and  five  thousand  livres :  and  if  he 
dies  on  the  voyage,  we  pay  his  family  ten  thousand  livres.  This 
latter  proposition  was  disagreeable  to  us;  but  he  has  a  father, 
mother,  and  sisters,  who  have  no  resource  but  in  his  labor :  and  he 
is  himself  one  of  the  best  men  in  the  world.  He  therefore  made 
it  a  sine  qua  non,  without  which  all  would  have  been  off.  We 
have  reconciled  it  to  ourselves,  by  determining  to  get  insurance  on 
his  life  made  in  London,  which  we  expect  can  be  done  for  five 
per  cent. ;  so  that  it  becomes  an  additional  sum  of  five  hundred 
livres.  I  have  written  to  Mr.  Adams  to  know,  for  what  per  cent, 
the  insurance  can  be  had.  I  enclose  you,  for  a  more  pardcular 
detail,  a  copy  of  the  agreement.  Dr.  Franklin,  being  on  his  de- 
parture, did  not  become  a  party  to  the  instrument,  though  it  has 
been  concluded  with  his  approbation.  He  w^as  disposed  to  give 
two  hundred  and  fifty  guineas  more,  which  would  have  split  the 
difference  between  the  actual  terms,  and  Mr.  Houdon's  demand. 
I  wish  the  State,  at  the  conclusion  of  the  work,  may  agree  to  give 
him  this  much  more ;  because  I  am  persuaded  he  will  be  a  loser, 
which,  I  am  sure,  their  generosity  would  not  wish.  But  I  have  not 
given  him  the  smallest  expectation  of  it,  choosing  the  proposition 
should  come  from  the  -State,  which  will  be  more  honorable.  You 
will  perceive  by  the  agreement,  that  I  pay.  him  immediately 
8333  1-3  livres,  which  is  to  be  employed  in  getting  the  marble  in 
Italy,  its  transportation,  &lc.  The  package  and  transportation  of 
his  stucco  to  make  the  moulds,  will  ht  about  five  hundred  livres. 
I  shall  furnish  him  with  money  for  his  expenses  in  France,  and  I 
have  authorised  Dr.  Franklin,  when  he  arrives  in  Philadelphia,  to 
draw  on  me  for  money  for  his  other  expenses,  going,  staying,  and 
returning.  These  drafts  will  have  been  made  probably,  and  will 
be  on  their  way  to  me,  before  you  receive  this,  and  with  the 
payments  made  here,  will  amount  to  about  five  thousand  livres 
more  than  the  amount  of  the  bill  remitted  me.  Another  third,  of 
8333  1-3  livres,  will  become  due  at  the  end  of  the  ensuing  year. 
Dr. .  Franklin  leaves  Passy  this  morning.  As  he  travels  in  a 
litter,  Mr,  Houdon  will  follow  him  some  days  hence,  and  will  em- 


251 


bark  with  him  for  Philadelphia.     I  am  in  hopes  he  need  not  stay- 
in  America  more  than  a  month. 

I  have  the  honor  to  be,  with  due  respect,  your  Excellency's 
most  obedient 

and  most  humble  servant, 

Th  :  Jefferson. 


LETTER    LXXIII. 


TO    THE    PRESIDENT    OF    CONGRESS. 


(Private.)  Paris,  July  12,  1785. 

Dear  Sir, 

I  was  honored,  two  days  ago,  with  yours  of  May  the  16th,  and 
thank  you  for  the  intelligence  it  contained,  much  of  which  was  new 
to  me.  It  was  the  only  letter  I  received  by  this  packet,  except 
one  from  Mr.  Hopkinson,  on  philosophical  subjects.  I  generally 
write  about  a  dozen  by  every  packet,  and  receive  sometimes  one, 
sometimes  two,  and  sometimes  ne'er  a  one.  You  are  right  in 
supposing  all  letters  opened  which  come  either  through  the  French 
or  English  channel,  unless  trusted  to  a  passenger.  Your's  had 
evidently  been  opened,  and  I  think  I  never  received  one  through 
the  post  office  which  had  not  been.  It  is  generally  discoverable  by 
the  smoakiness  of  the  wax,  and  faintness  of  the  re-impression. 
Once  they  sent  me  a  letter  open,  having  forgotten  to  re-seal  it.  I 
should  be  happy  to  hear  that  Congress  thought  of  establishing 
packets  of  their  own  between  New  York  and  Havre ;  to  send  a 
packet  from  each  port  once  in  two  months.  The  business  might 
possibly  be  done  by  two  packets,  as  will  be  seen  by  the  following 
scheme,  wherein  we,  will  call  the  two  packets  A  and  B. 

January,  A  sails  from  New  York,  B  from  Havre, 

February, 


March,  B 
April, 
May,  A 

June, 

July,  B  " 

August, 

September,  A" 

October, 

November,  B" 

December, 


New  York,  A 


New  York,  B 
New  York,  A 
New  York,  B 
New  York,  A 


Havre, 
Havre, 
Havre, 
Havre, 


Havre, 


252 

I  am  persuaded  that  government  would  gladly  arrange  this  me- 
thod with  us,  and  send  their  packets  in  the  intermediate  months, 
as  they  are  tired  of  die  expense.  We  should  then  have  a  safe 
conveyance  every  two  months,  and  one  for  common  matters  every 
month.  A  courier  would  pass  between  this  and  Havre  in  twenty- 
four  hours.  Could  not  the  surplus  of  the  post  office  revenue  be 
applied  to  this  ?  This  establishment  would  look  like  the  commence- 
ment of  a  litde  navy  ;  the  only  kind  of  force  we  ought  to  possess. 
You  mention  that  Congress  is  on  the  subject  of  requisition.  No 
subject  is  more  interesting  to  the  honor  of  the  States.  It  is  an 
opinion  which  prevails  much  in  Europe,  that  our  government  wants 
authority  to  draw  money  from  the  States,  and  that  the  States  want 
faith  to  pay  their  debts.  I  shall  wish  much  to  hear  how  far  the 
requisitions  on  the  States  are  productive  of  actual  cash.  Mr.  Grand 
informed  me,  the  other  day,  that  the  commissioners  were  dissatis- 
fied with  his  having  paid  to  this  country  but  two  hundred  thousand 
livres,  of  the  four  hundred  thousand  for  which  Mr.  Adams  drew 
on  Holland  ;  reserving  the  residue  to  replace  his  advances  and  fur- 
nish current  expenses.  They  observed  that  these  last  objects 
might  have  been  effected  by  the  residue  of  the  money  in  Holland, 
which  was  lying  dead.  Mr.  Grand's  observation  to  me  was,  that 
Mr.  Adams  did  not  like  to  draw  for  these  purposes,  that  he  him- 
self had  no  authority,  and  that  the  commissioners  had  not  accom- 
panied their  complaints  with  any  draft  on  that  fund ;  so  that  the 
debt  still  remains  unpaid,  while  the  money  is  lying  dead  in  Hol- 
land. He  did  not  desire  me  to  mention  this  circumstance ;  but 
should  you  see  the  commissioners,  it  might  not  be  amiss  to  com- 
municate it  to  them,  that  they  may  take  any  measures  they  please, 
if  they  think  it  proper  to  do  any  thing  in  it.  I  am  anxious  to  hear 
what  is  done  with  the  States  of  Vermont  and  Franklin.  I  think, 
that  the  former  is  the  only  innovation  on  the  system  of  April  23rd, 
1784,  which  ought  ever  possibly  to  be  admitted.  If  Congress  are 
not  firm  on  that  head,  our  several  States  will  crumble  to  atoms  by 
the  spirit  of  establishing  every  litde  canton  into  a  separate  State. 
I  hope  Virginia  will  concur  in  that  plan  as  to  her  territory  South  of 
the  Ohio  ;  and  not  leave  to  the  western  country  to  withdraw  them- 
selves by  force,  and  become  our  worst  enemies  instead  of  our  best 
friends. 

I  have  the  honor  to  be,  with  sentiments  of  great  respect, 
your  Excellency's 

most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


253 

LETTER     LXXIV. 
TO    THE    VIRGINIA    DELEGATES    IN    CONGRESS. 

Paris,  July  12,  1785, 

Gentlemen, 

In  consequence  of  the  orders  of  the  legislative  and  executive 
bodies  of  Virgmia,  I  have  engaged  Monsieur  Houdoii  to  make  the 
statue  of  General  Washington.  For  this  purpose  it  is  necessary 
for  him  to  see  the  General.  He  therefore  goes  with  Doctor  Frank- 
lin, and  will  have  the  honor  of  delivering  you  this  himself.  As  his 
journey  is  at  the  expense  of  the  State,  according  to  our  contract, 
I  will  pray  you  to  favor  him  with  your  patronage  and  counsels, 
and  to  protect  him  as  much  as  possible,  frcftn  those  impositions  to 
which  strangers  are  but  too  much  exposed.  I  have  advised  him 
to  proceed  in  the  stages  to  the  General's.  I  have  also  agreed,  if 
he  can  see  Generals  Greene  and  Gates,  whose  busts  he  has  a  de- 
sire to  execute,  that  he  may  make  a  moderate  deviation  for  tliis 
purpose,  after  he  has  done  with  General  Washington. 

But  the  most  important  object  with  him,  is  to  be  employed  to 
make  General  Washington's  equestrian  statue  for  Congress.  No- 
thing but  the  expectation  of  this,  could  have  engaged  him  to  Imve 
undertaken  this  voyage  ;  as  the  pedestrian  statue,  for  Virginia,  will 
not  make  it  worth  the  business  he  loses  by  absenting  himself.  I 
was  therefore  obliged  to  assure  him  of  my  recommendations  for 
this  greater  work.  Having  acted  in  this  for  the  state,  you  will,  I 
hope,  think  yourselves  in  some  measure  bound  to  patronise  and 
urge  his  being  employed  by  Congress.  I  would  not  have  done 
this  myself,  nor  asked  you  to  do  it,  did  I  not  see  that  it  would  be 
better  for  Congress  to  put  this  business  into  his  hands,  than  into 
those  of  any  other  person  living,  for  these  reasons  :  1 .  He  is,  with- 
out rivalship,  the  first  statuary  of  this  age  ;  as  a  proof  of  which,  he 
receives  orders  from  every  other  country  for  things  intended  to  be 
capital.  2.  He  will  have  seen  General  Washington,  have  taken 
his  measures  in  every  part,  and,  of  course,  whatever  he  does  of  him 
will  have  the  merit  of  being  original,  from  which  other  workmen 
can  only  furnish  copies.  3.  He  is  in  possession  of  the  house,  the 
furnaces,  and  all  the  apparatus  provided  for  making  the  statue  of 
Louis  XV.  If  any  other  workman  be  employed,  this  will  all  have 
to  be  provided  anew,  and,  of  course,  to  be  added  to  the  price  of 
the  statue ;  for  no  man  can  ever  expect  to  make  two  equestrian 
statues.  The  addition  which  this  would  be  to  the  price,  will  much 
exceed  the  expectation  of  any  person  who  has  not  seen  that  appa- 


254 

ratus.  In  truth  it  is  immense.  As  to  the  price  of  the  work,  it 
will  be  much  greater  than  Congress  is  probably  aware  of.  I  have 
inquired  somewhat  into  this  circumstance,  and  find  the  prices  of 
those  made  for  two  centuries  past,  have  been  from  one  hundred 
and  twenty  thousand  guineas,  down  to  sixteen  thousand  guineas, 
according  to  the  size.  And  as  far  as  I  have  seen,  the  smaller 
they  are,  the  more  agreeable.  The  smallest  yet  made,  is  infinitely 
above  the  size  of  life,  and  they  all  appear  outree  and  monstrous. 
That  of  Louis  XV.  is  probably  the  best  in  the  world,  and  it  is  the 
smallest  here.  Yet  it  is  impossible  to  find  a  point  of  view,  from 
which  it  does  not  appear  a  monster,  unless  you  go  so  far  as  to 
lose  sight  of  the  features,  and  finer  lineaments  of  the  face  and  body. 
A  statue  is  not  made  like  a  mountain,  to  be  seen  at  a  great  dis- 
tance. To  perceive  those  minuter  circumstances  which  constitute 
its  beauty,  you  must  b6  near  it,  and,  in  that  case,  it  should  be  so 
little  above  the  size  of  the  life,  as  to  appear  actually  of  that  size, 
from  your  point  of  view.  I  should  not  therefore  fear  to  propose, 
that  the  one  intended  by  Congress,  should  be  considerably  smaller 
than  any  of  those  to  be  seen  here ;  as  I  think  it  will  be  more  beau- 
tiful, and  also  cheaper.  I  have  troubled  you  with  these  observa- 
tions, as  they  have  been  suggested  to  me  from  an  actual  sight  of 
works  of  this  kind,  and  I  supposed  they  might  assist  you  in  making 
up  your  minds  on  this  subject.  In  making  a  contract  with  Mon- 
sieur Houdon,  it  would  not  be  proper  to  advance  money,  but  as 
his  disbursements  and  labor  advance.  As  it  is  a  work  of  many 
years,  this  will  render  tlie  expense  insensible.  The  pedestrian 
statue  of  marble,  is  to  take  three  years;  the  equestrian,  of  course, 
would  take  much  more.  Therefore  the  sooner  it  is  begun,  the 
better. 

I  am,  with  sentiments  of  the  highest  respect.  Gentlemen, 
your  most  obedient 

and  most  humble  servant, 

Th:  Jefferson. 


LETTER    LXXV. 
TO    JOHN    JAY. 

Paris,  July  12,  1785. 


Sir, 

My  last  letter  to  you  was  dated  the  17th  of  June.  The  present 
serves  to  cover  some  papers  put  into  my  hands  by  Captain  Paul 
Jones.     They  respect  an  antient    matter,  which  is  shortly  this. 


255 

While  Captain  Jones  was  hovering  on  the  coast  of  England,  in  the 
year  1779,  a  British  pilot,  John  Jackson  by  name,  came  on  board 
him,  supposing  him  to  be  British.  Captain  Jones  found  it  conve- 
nient to  detain  him  as  a  pilot,  and,  in  the  action  with  the  Serapis, 
which  ensued,  this  man  lost  his  arm.  It  is  tliought  that  this  gives 
him  a  just  claim  to  the  same  allowance  with  others,  who  have  met 
with  the  like  misfortune  in  the  service  of  the  United  States.  Con- 
gress alone  being  competent  to  this  application,  it  is  my  duty  to 
present  tlie  case  to  their  consideration  ;  which  I  beg  leave  to  do 
through  you. 

Dr.  Franklin  will  be  able  to  give  you  so  perfect  a  state  of  all 
transactions  relative  to  his  particular  office  in  France,  as  well  as 
to  the  subjects  included  in  our  general  commission,  that  it  is  un- 
necessary for  me  to  enter  on  them.  His  departure,  with  the  se- 
parate situation  of  Mr.  Adams  and  myself,  will  render  it  difficult 
to  communicate  to  you  the  future  proceedings  of  the  commission, 
as  regularly  as  they  have  been  heretofore.  We  shall  do  it,  how- 
*  ever,  with  all  the  punctuality  practicable,  either  separately  or  joint- 
ly, as  circumstances  may  require  and  admit. 

I  have  the  honor  to  be,  with  sentiments  of  the  highest  respect, 
Sir, 

your  most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


LETTER    LXXVI. 

TO    MONSIEUR   BRIET. 

Paris,  July  13,  1785. 

Sir, 
I  am  glad  to  hear  that  the  Council  have  ordered  restitution  of 
the  merchandise  seized  in  L'Orient,  contrary  to  the  freedom  of  the 
place.  When  a  court  of  justice  has  taken  cognisance  of  a  com- 
plaint, and  has  given  restitution  of  the  principal  subject,  if  it  refuses 
some  of  the  accessories,  w^e  are  to  presume  that  some  circumstance 
of  evidence  appeared  to  them,  unknown  to  us,  and  which  render- 
ed its  refusal  just  and  proper.  So,  in  the  present  case,  if  any  cir- 
cumstances in  the  conduct  of  the  owner,  or  relative  to  the  mer- 
chandise itself,  gave  probable  grounds  of  suspicion  that  they  were 
not  entitled  to  the  freedom  of  the  port,  damages  for  the  detention 
might  be  properly  denied.     Respect  for  the  integrity  of  courts 


256 

of  justice,  and  especially  of  so  high  a  one  as  that  of  the  King's 
Council,  obliges  us  to  presume  that  circumstances  arose  which  justi- 
fied this  part  of  their  order.  It  is  only  in  cases  where  justice  is 
palpably  denied,  that  one  nation,  or  its  ministers,  are  authorised  to 
complain  of  the  courts  of  another.  I  hope  you  will  see,  therefore, 
that  an  application  from  me  as  to  the  damages  for  detention,  would 
be  improper. 

I  have  the  honor  to  be.  Sir, 

your  most  obedient 

and  most  humble  servant, 

Th:  Jefferson. 


LETTER   LXXVII. 

TO    MESSRS.    FRENCH    AND    NEPHEW. 

Paris,  July  13,  1785. 

Gentlemen, 

I  had  the  honor  of  receiving  your  letter  of  June  the  21st,  en- 
closing one  from  Mr.  Alexander  of  June  the  17th,  and  a  copy  of 
his  application  to  Monsieur  de  Calonnes.  1  am  very  sensible  that 
no  trade  can  be  on  a  more  desperate  footing  than  that  of  tobacco, 
in  this  country ;  and  that  our  merchants  must  abandon  the  French 
markets,  if  they  are  not  permitted  to  sell  the  productions  they 
bring,  on  such  terms  as  will  enable  them  to  purchase  reasonable 
returns  in  the  manufactures  of  France.  I  know  but  one  remedy 
to  the  evil ;  that  of  allowing  a  free  vent :  and  I  should  be  very  hap- 
py in  being  instrumental  to  the  obtaining  this.  But  while  the  pur- 
chase of  tobacco  is  monopolised  by  a  company,  and  they  pay  for 
that  monopoly  a  heavy  price  to  tlie  government,  they  doubtless  are 
at  liberty  to  fix  such  places  and  terms  of  purchase,  as  may  enable 
them  to  make  good  their  engagements  with  government.  I  see 
no  more  reason  for  obliging  them  to  give  a  greater  price  for  tobac- 
co than  they  think  they  can  afford,  than  to  do  the  same  between 
two  individuals  treating  for  a  horse,  a  house,  or  any  thing  else. 
Could  this  be  effected  by  applications  to  the  minister,  it  would  only 
be  a  palliative  which  would  retard  the  ultimate  cure,  so  much  to 
be  wished  for  and  aimed  at  by  every  friend  to  this  country,  as  well 
as  to  America. 

I  have  the  honor  to  be.  Gentlemen, 

your  most  obedient  humble  servant, 

Th:  Jefferson. 


257 


LETTER    LXXVIII. 

TO    DR.    STYLES. 

Paris,  July  17,  1785. 
Sir, 
I  have  long  deferred  doing  myself  the  honor  of  writing  to  you, 
wishing  for  an  opportunity  to  accompany  my  letter  with  a  copy  of 
the  Bibliotheque  Physico-oeconomique  ;  a  book  published  here 
lately  in  four  small  volumes,  and  which  gives  an  account  of  all  the 
improvements  in  the  arts  which  have  been  made  for  some  years 
p'ast.  I  flatter  myself  you  will  find  in  it  many  things  agreeable 
and  useful.  I  accompany  it  with  the  volumes  of  the  Connoissance 
des  tems  for  the  years  1781,  1784,  1785,  1786,  1787.  But  why, 
you  will  ask,  do  I  send  you  old  almanacks,  which  are  proverbially 
useless?  Because,  in  these  publications  have  appeared,  from 
time  to  time,  some  of  the  most  precious  things  in  astronomy.  I 
have  searched  out  tliose  particular  volumes  which  might  be  valua- 
ble to  you  on  this  account.  That  of  1781,  contains  de  la  Caille's 
catalogue  of  fixed  stars  reduced  to  the  commencement  of  that 
year,  and  a  table  of  the  aberrations  and  nutations  of  the  principal 
stars.  1784  contains  the  same  catalogue  with  the  nebuleuses  of 
Messier.  1785  contains  the  famous  catalogue  of  Hamsteed,  with 
the  positions  of  the  stars  reduced  to  the  beginning  of  the  year 
1784,  and  which  supersedes  the  use  of  that  immense  book.  1786 
gives  you  Euler's  lunar  tables  corrected;  and  1787,  the  tables  for 
the  planet  Herschel.  The  two  last  needed  not  an  apology,  as  not 
being  within  the  description  of  old  almanacks.  It  is  fixed  on 
grounds  which  scarcely  admit  a  doubt,  that  the  planet  Herschel 
was  seen  by  Mayer  in  the  year  1756,  and  was  considered  by  him 
as  one  of  the  zodiacal  stars,  and  as  such,  arranged  in  his  catalogue, 
being  the  964th  which  he  describes.  This  964th  of  Mayer  has 
been  since  missing,  and  the  calculations  for  the  planet  Herschel 
shew  that  it  should  have  been,  at  the  time  of  Mayer's  observation, 
where  he  places  his  964th  star.  The  volume  of  1787,  gives  you 
Mayer's  catalogue  of  the  zodiacal  stars.  The  researches  of  the 
natural  philosophers  of  Europe  seem  mostly  in  the  field  of  chemis- 
try, and  here,  principally,  on  the  subjects  of  air  and  fire.  The 
analysis  of  these  two  subjects,  presents  to  us  very  new  ideas. 
When  speaking  of  the  Bibliotheque  Physico-oeconomique,  I  should 
have  observed,  tiiat  since  its  publication,  a  man  in  this  city  has 
invented  a  method  of  moving  a  vessel  on  the  water,  by  a  machine 
worked  within  the  vessel.  I  went  to  see  it.  He  did  not  know 
VOL.  I.  33 


258 

himself  the  principle  of  his  own  invention.  It  is  a  screw  with  a 
very  broad  thin  w^orm,  or  rather  it  is  a  thin  plate  with  its  edge  ap- 
plied spirally  round  an  axis.  This  being  turned,  operates  on  the 
air,  as  a  screw  does,  and  may  be  literally  said  to  screw  the  vessel 
along  :  the  thinness  of  the  medium,  and  its  want  of  resistance,  oc- 
casion a  loss  of  much  of  the  force.  The  screw,  I  think,  would 
be  more  effectual  if  placed  below  the  surface  of  the  water.  I 
very  much  suspect  that  a  countryman  of  ours,  Mr.  Bushnel  of 
Connecticut,  is  entitled  to  the  merit  of  a  prior  discovery  of  this 
use  of  the  screw.  I  remember  to  have  heard  of  his  submarine 
navigation  during  the  war,  and,  from  what  Colonel  Humphreys 
now  tells  me,  1  conjecture  that  the  screw  was  the  power  he  used. 
He  joined  to  this,  a  machine  for  exploding  under  water  at  a  given 
moment.  If  it  were  not  too  great  a  liberty  for  a  stranger  to  take, 
I  would  ask  from  him  a  narration  of  his  actual  experiments,  with 
or  without  a  communication  of  his  principle,  as  he  should  choose.  If 
he  thought  proper  to  communicate  it,  I  would  engage  never  to  dis- 
close it,  unless  I  could  find  an  opportunity  of  doing  it  for  his  bene- 
fit. I  thank  you  for  your  information  as  to  the  great  bones  found 
on  the  Hudson  river.  I  suspect  that  they  must  have  been  of 
the  same  animal  with  those  found  on  the  Ohio  :  and  if  so,  thev 
could  not  have  belonged  to  any  human  figure,  because  they  are  ac- 
companied with  tusks  of  the  size,  form  and  substance,  of  those  of  the 
elephant.  I  have  seen  a  p?irt  of  the  ivory,  which  was  very  good. 
The  animal  itself  must  have  been  much  larger  than  an  elephant. 
Mrs.  Adams  gives  me  an  account  of  a  flower  found  in  Connecti- 
cut, which  vegetates  when  suspended  in  the  air.  She  brought  one 
to  Europe.  What  can  be  this  flower?  It  would  be  a  curious 
present  to  this  continent. 

The  accommodation  likely  to  take  place  between  the  Dutch 
and  the  Emperor,  leaves  us  without  that  unfortunate  resource  for 
news,  which  wars  give  us.  The  Emperor  has  certainly  had  in 
view  the  Bavarian  exchange  of  which  you  have  heard ;  but  so 
formidable  an  opposition  presented  itself,  that  he  has  thought  pro- 
per to  disavow  it.  The  Turks  shew  a  disposition  to  go  to  war 
with  him,  but  if  this  country  can  prevail  on  them  to  remain  in 
peace,  they  will  do  so.  It  has  been  thought  that  the  two  Imperial 
courts  have  a  plan  of  expelling  the  Turks  from  Europe.  It  is 
really  a  pity,  so  charming  a  country  should  remain  in  the  hands 
of  a  people,  whose  religion  forbids  the  admission  of  science  and 
the  arts  among  them.  We  should  wish  success  to  the  object 
of  the  two  empires,  if  they  meant  to  leave  the  country  in  posses- 
sion of  the  Greek  inhabitants.  We  might  then  expect,  once  more, 
to  see  the  language  of  Homer  and  Demosthenes  a  living  language. 


259 

For  I  am  persuaded  the  modern  Greek  would  easily  get  back  to 
its  classical  models.  But  this  is  not  intended.  They  only  pro- 
pose to  put  the  Greeks  under  other  masters :  to  substitute  one  set 
of  barbarians  for  another. 

Colonel  Humphreys  having  satisfied  you  that  all  attempts  would 
be  fruitless  here,  to  obtain  money  or  other  advantages  for  your 
college,  I  need  add  nothing  on  that  head.  It  is  a  method  of  sup- 
porting colleges  of  which  they  have  no  idea,  tjhough  they  practice 
it  for  the  support  of  their  lazy  monkish  institutions. 

I  have  the  honor  to  be,  with  the  highest  respect  and  esteem,  Sir, 
your  most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


LETTER    LXXIX. 
TO    JOHN    ADAMS. 

Paris,  July  28, 1785. 
Dear  Sir, 

Your  favors  of  July  the  16th  and  18th,  came  to  hand  the  same 
day  on  which  I  had  received  Baron  Thulemeyer's  enclosing  the 
ultimate  draught  for  the  treaty.  As  this  draught,  which  was  in 
French,  was  to  be  copied  into  the  two  instruments  which  Dr. 
Franklin  had  signed,  it  is  finished  this  day  only.  Mr.  Short  sets 
out  immediately.  I  have  put  into  his  hands  a  letter  of  instructions- 
how  to  conduct  himself,  which  I  have  signed,  leaving  a  space  above 
for  your  signature..  The  two  treaties  I  have  signed  at  the  left  hand. 
Dr.  Franklin  having  informed  me  that  the  signatures  are  read  back- 
wards. Besides  the  instructions  to  Mr.  Short,  I  signed  also  a  letter 
to  Mr.  Dumas,  associating  him  with  Mr.  Short.  These  two  letters 
I  made  out  as  nearly  conformably  as  I  could,  to  your  ideas  ex- 
pressed in  your  letter  of  the  18th.  If  any  thing  more  be  neces- 
sary, be  so  good  as  to  make  a  separate  instruction  for  them  signed 
by  yourself,  to  which  I  will  accede.  I  have  not  directed  Mr. 
Dumas's  letter.  I  have  heretofore  directed  to  him  as  *  Agent  for 
the  United  States  at  the  Hague,'  that  being  the  description  under 
which  the  journals  of  Congress  speak  of  him.  In  his  last  letter 
to  me,  is  a  paragraph  from  which  I  conclude  that  the  address  I 
have  used,  is  not  agreeable,  and  perhaps  may  be  wrong.  Will 
you  be  so  good  as  to  address  thq  letter  to  him,  and  to  inform  rne 
how  to  address  him  hereafter.     Mr.  Short  carries  also  the  other 


260 

papers  necessary.  His  equipment  for  his  journey  requiring  ex- 
penses which  cannot  come  into  the  account  of  ordinary  expenses, 
such  as  clothes,  he.  what  allowance  should  be  made  him?  I  have 
supposed  somewhere  between  a  guinea  a  day,  and  one  thousand 
dollars  a  year,  which  I  believe  is  the  salary  of  a  private  secretary. 
.  This  I  mean  as  over  and  above  his  travelling  expenses.  Be  so 
good  as  to  say,  and  I  will  give  him  an  order  on  his  return.  The 
danger  of  robbery,  has  induced  me  to  furnish  him  with  only  mo- 
ney enough  to  carry  him  to  London.  You  will  be  so  good  as  to 
procure  him  enough  to  carry  him  to  the  Hague,  and  back  to  Paris. 

The  confederation  of  the  King  of  Prussia  with  some  members 
of  the  Germanic  body,  for  the  preservation  of  their  constitution,  is, 
I  think,  beyond  a  doubt.  The  Emperor  has  certainly  complained 
of  it  in  formal  communications  at  several  courts.  By  what  can  be 
collected  from  diplomatic  conversation  here,  I  also  conclude  it 
tolerably  certain,  that  the  Elector  of  Hanover  has  been  invited  to 
accede  tq  the  confederation,  and  has  done,  or  is  doing  so.  You 
will  have  better  circumstances  how^ever,  on  the  spot,  to  form  a  just 
judgment.  Our  matters  with  the  first  of  these  powers  being  now 
in  conclusion,  I  wish  it  was  so  with  the  Elector  of  Hanover.  I 
conclude,  from  the  general  expressions  in  your  letter,  that  little 
may  be  expected.  Mr.  Short  furnishing  so  safe  a  conveyance 
that  the  trouble  of  the  cypher  may  be  dispensed  with,  I  will 
thank  you  for  such  details  of  what  has  passed,  as  may  not  be  too 
troublesome  to  you. 

The  difficulties  of  getting  books  into  Paris,  delayed  for  some  time 
my  receipt  of  the  Corps  diplomatique  left  by  Dr.  Franklin.  Since 
that,  we  have  been  engaged  with  expediting  Mr.  Short.  A  huge 
packet  also,  brought  by  Mr.  Mazzei,  has  added  to  the  causes  which 
have  as  yet  prevented  me  from  examining  Dr.  Franklin's  notes 
on  the  Barbary  treaty.  It  shall  be  one  of  my  first  occupations. 
Still  the  possibility  is  too  obvious  that  we  may  run  counter  to  the 
instructions  of  Congress,  of  which  Mr.  Lambe  is  said  to  be  the 
bearer.  There  is  a  great  impatience  in  America  for  these  treaties. 
I  am  much  distressed  between  this  impatience  and  the  known  will 
of  Congress,  on  the  one  hand,  and  the  uncertainty  of  the  details 
committed  to  this  lardy  servant. 

The  Duke  of  Dorset  sets  out  for  London  to-morrow.  He  says 
he  shall  be  absent  two  months.  There  is  some  whisper  that  he 
will  not  return,  and  that  Lord  Carmarthen  wishes  to  come  here.  I 
am  sorry  to  lose  so  honest  a  rnan  as  the  Duke.  I  take  the  liberty 
lo  ask  an  answer  about  the  insurance  of  Houdon's  life. 

Congress  is  not  likely  to  adjourn  this  summer.  They  have 
passed  an  ordinance  for  selling  their  lands.     I  have  not  received  it. 


261 

What  would  you  think  of  the  enclosed  draught  to  be  proposed 
to  the  courts  of  London  and  Versailles  ?  I  would  add  Madrid  and 
Lisbon,  but  that  they  are  still  more  desperate  than  the  others.  I 
know  it  goes  beyond  our  powers ;  and  beyond  the  powers  of  Con- 
gress too ;  but  it  is  so  evidently  for  the  good  of  all  the  States,  that  I 
should  not  be  afraid  to  risk  myself  on  it,  if  you  are  of  the  same 
opinion.  Consider  it,  if  you  please,  and  give  me  your  thoughts  on 
it  by  Mr.  Short :  but  I  do  not  communicate  it  to  him,  nor  any  other 
mortal  living  but  yourself. 

Be  pleased  to  present  me  in  the  most  friendly  terms  to  the  la- 
dies, and  believe  me  to  be,  with  great  esteem, 

Dear  Sir,  your  friend  and  servant, 

Th:  Jefferson. 


LETTER    LXXX. 

TO    HOGENDORP. 

Paris,  July  29, 1785. 
Dear  Sir, 

By  an  American  gentleman  who  went  to  the  Hague,  about  a 
month  ago,  I  sent  you  a  copy  of  my  Notes  on  Virginia.  Having 
since  that  received  some  copies  of  the  revisal  of  our  laws,  of  which 
you  had  desired  one,  I  now  send  it  to  you.  I  congratulate  you 
sincerely  on  the  prospect  of  your  country's  being  freed  from  the 
menace  of  war,  which,  however  just,  is  always  expensive  and  ca- 
lamitous, and  sometimes  unsuccessful. 

Congress  having  made  a  very  considerable  purchase  of  land 
from  the  Indians,  have  established  a  land  office,  and  settled  the 
mode  of  selling  the  lands.  Their  plan  is  judicious.  I  apprehend 
some  inconveniences  in  some  parts  of  it,  but  if  such  should  be 
found  to  exist  they  will  amend  them.  They  receive  in  payment 
their  own  certificates,  at  par  with  actual  money.  We  have  a  proofs 
the  last  year,  that  the  failure  of  the  States  to  bring  money  into  the 
treasury,  has  proceeded,  not  from  any  unwillingness,  but  from  the 
distresses  of  their  situation.  Heretofore,  Massachusetts  and  Penn- 
sylvania had  brought  in  the  most  money,  and  Virginia  was  among 
the  least.  The  last  year,  Virginia  has  paid  in  more  than  all  the 
rest  together.  The  reason  is,  that  she  is  at  liberty  to  avail  herself 
of  her  natural  resources,  and  has  free  markets  for  them ;  whereas 
die  others,  which,  while  they  were  sure  of  a  sale  for  their  commo- 
dities, brought  more  into  the  treasury ;  now,  that  that  sale  is,  by 
circumstances,  rendered  more  precarious,  they  bring  in  but  htde. 


262 

The  impost  is  not  yet  granted.  Rliode  Island  and  New  York  hold 
off.  Congress  have  it  in  contemplation  to  propose  to  the  States, 
that  the  direction  of  all  their  commerce  shall  be  committed  to  Con- 
gress, reserving  to  the  States,  respectively,  the  revenue  which  shall 
be  laid  on  it.  The  operations  of  our  good  friends,  the  English, 
are  calculated  as  precisely  to  bring  the  States  into  this  measure,  as 
if  we  directed  them  ourselves,  and  as  they  were,  through  the  whole 
war,  to  produce  that  union  which  was  so  necessary  for  us.  I  doubt 
whether  Congress  will  adjourn  this  summer. 

Should  you  be  at  the  Hague,  I  will  beg  leave  to  make  known 
to  you  the  bearer  hereof,  Mr.  William  Short.  He  is  of  Virginia, 
has  come  to  stay  some  time  with  me  at  Paris,  being  among  my 
most  particular  friends.  Though  young,  his  talents  and  merit  are 
such  as  to  have  placed  him  in  the  Council  of  State  of  Virginia ;  an 
office  which  he  relinquished  to  make  a  visit  to  Europe. 

I  have  the  honor  to  be,  widi  very  high  esteem,  Dear  Sir, 
your  most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


LETTER    LXXXI. 

TO  MESSRS.  N.  AND  J.  VAN  sTAPHORST,  Amsterdam. 

Paris,  July  30,  1785. 
Gentlemen, 

I  received  yesterday  your  favor  of  the  25th.  Supposing  that 
the  funds  which  are  the  object  of  your  enquiry,  are  those  which 
constitute  what  we  call  our  domestic  debt,  it  is  my  opinion  that  they 
are  absolutely  secure  :  I  have  no  doubt  at  all  but  that  they  will  be 
paid,  with  their  interest  at  six  per  cent.  But  I  cannot  say  that 
they  are  as  secure  and  solid  as  the  funds  which  constitute  our  fo- 
reign debt :  because  no  man  in  America  ever  entertained  a  doubt 
that  our  foreign  debt  is  to  be  paid  fully;  but  some  people  in 
America  have  seriously  contended,  that  the  certificates  and  other 
evidences  of  our  domestic  debt,  ought  to  be  redeemed  only  at  what 
they  have  cost  the  holder;  for  I  must  observe  to  you,  that  these 
certificates  of  domesuc  debt,  having  as  yet  no  provision  for  the 
payment  of  principal  or  interest,  and  the  original  holders  being 
mostly  needy,  have  been  sold  at  a  very  great  discount.  When 
I  left  America  (July,  1784,)  they  sold,  in  different  States,  at  from 
1 5s.  to  2s.  6d.  in  the  pound;  and  any  amount  of  them  might  then 
have   been  purchased.       Hence  some  thought  that  full  justice 


263 

would  be  done,  if  the  public  paid  the  purchasers  of  them  what  they 
actually  paid  for  them,  and  interest  on  that.  But  this  is  very  far 
from  being  a  general  opinion;  a  very  great  majority  being  firmly 
decided  that  they  shall  be  paid  fully.  Were  I  the  holder  of  any 
of  them,  I  should  not  have  the  least  fear  of  their  full  payment. 
There  is  also  a:  difference  between  different  species  of  certificates ; 
some  of  them  being  receivable  in  taxes,  others  having  the  benefit 
of  particular  assurances,  &ic.  Again,  some  of  these  certificates  are 
for  paper  money  debts.  A  deception  here  must  be  guarded 
against.  Congress  ordered  all  such  to  be  re-setded  by  the  depre- 
ciation tables,  and  a  new  cerdficate  to  be  given  in  exchange  for 
them,  expressing  their  value  in  real  money.  But  all  have  not  yet 
been  re-setded.  In  short,  this  is  a  science  in  which  few  in  America 
are  expert,  and  no  person  in  a  foreign  country  can  be  so.  Fo- 
reigners should  therefore  be  sure  that  they  are  well  advised,  before*  « 
they  meddle  with  them,  or  they  may  suffer.  If  you  will  reflect 
with  what  degree  of  success  persons  actually  in  America  could 
speculate  in  the  European  funds,  which  rise  and  fall  daily,  you  may 
judge  how  far  those  in  Europe  may  do  it  in  the  American  funds, 
which  are  more  variable  from  a  variety  of  causes. 

I  am  not  at  all  acquainted  with  Mr.  Daniel  Parker,  farther  than 
having  once  seen  him  in  Philadelphia.  He  is  of  Massachusetts,  I  be- 
lieve, and  I  am  of  Virginia.  His  circumstances  are  utterly  unknown 
to  me.  -I  think  there  are  few  men  in  America,  if  there  is  a  single 
one,  who  could  command  a  hundred  thousand  pounds'  sterling 
w^orth  of  these  notes,  at  their  real  value.  At  their  nominal  amount, 
this  might  be  done  perhaps  with  twenty-five  thousand  pounds  ster- 
ling, if  the  market  price  of  them  be  as  low  as  when  I  left  America. 
I  am  with  very  great  respect.  Gentlemen, 

your  most  obedient  humble  servant, 

Th:  Jefferson. 


LETTER    LXXXII. 
TO    JOHN    ADAMS. 

Paris,  July  31,  1785 

Dear  Sir, 

I  was  honored  yesterday  with  yours  of  the  24th  instant.  When 
the  first  article  of  our  instructions  of  May  7di,  1784,  was  under 
debate*  in  Congress,  it  was  proposed  that  neither  party  should 
make  the  other  pay,  in  their  ports,  greater  duties,  than  dioy  paid  in 
the  ports  of  the  other.     One  objection  to  this  was,  its  impracticabi- 


264 

iity ;  another,  that  it  would  put  it  out  of  our  power  to  lay  such  du- 
ties on  alien  importation  as  might  encourage  importation  by  na- 
tives. Some  members,  much  attached  to  English  policy,  thought 
such  a  distinction  should  actually  be  established.  Some  thought 
the  power  to  do  it  should  be  reserved,  in  case  any  peculiar  cir- 
cumstances should  call  for  it,  though  under  the  present,  or,  perhaps, 
any  probable  circumstances,  they  did  not  think  it  would  be  good 
policy  ever  to  exercise  it.  The  footing  gentis  amicissirrKZ  was 
therefore  adopted,  as  you  see  in  the  instruction.  As  far  as  my 
enquiries  enable  me  to  judge,  France  and  Holland  make  no  dis- 
tinction of  duties  between  aliens  and  natives.  I  also  rather  be- 
lieve that  the  other  states  of  Europe  make  none,  England  excepted, 
to  whom  this  policy,  as  that  of  her  navigation  act,  seems  peculiar. 
The  question  then  is,  should  we  disarm  ourselves  of  the  power  to 
nnake  this  distincion  against  all  nations,  in  order  to  purchase  an 
exemption  from  the  alien  duties  in  England  only  ;  for  if  we  put  her 
importations  on  the  footing  of  native,  all  other  nations  with  whom 
we  treat  will  have  a  right  to  claim  the  same.  I  think  we  should, 
because  against  other  nations,  who  make  no  distinction  in  their 
ports  between  us  and  their  own  subjects,  we  ought  not  to  make  a 
distinction  in  ours.  And  if  the  English  will  agree,  in  like  manner, 
to  make  none,  we  should,  with  equal  reason,  abandon  the  right  as 
against  them.  I  think  all  the  world  would  gain,  by  setting  com- 
merce at  perfect  liberty.  I  remember  that  when  we  were  di- 
gesting the  general  form  of  our  treaty,  this  proposition  to  put  fo- 
reigners and  natives  on  the  same  footing,  was  considered  :  and  we 
were  all  three.  Dr.  Franklin  as  well  as  you  and  myself,  in  fa- 
vor of  it.  We  finally,  however,  did  not  admit  it,  partly  from  the 
objection  you  mention,  but  more  still  on  account  of  our  instructions. 
But  though  the  English  proclamation  had  appeared  in  America  at 
the  time  of  framing  these  instructions,  I  think  its  effect,  as  to 
alien  duties,  had  not  yet  been  experienced,  and  therefore  was  not 
attended  to.  If  it  had  been  noted  in  the  debate,  I  am  sure 
that  the  annihilation  of  our  whole  trade,  would  have  been  thought 
too  great  a  price  to  pay  for  the  reservation  of  a  barren  power, 
which  a  majority  of  the  members  did  not  propose  ever  to  exercise, 
though  they  were  willing  to  retain  it.  Stipulating  for  equal  rights  to 
foreigners  and  natives,  we  obtain  more  in  foreign  ports  than  our 
instructions  required,  and  we  only  part  with,  in  our  own  ports,  a 
power  of  which  sound  policy  would  probably  forever  forbid  the 
exercise.  Add  to  this,  that  our  treaty  will  be  for  a  very  short 
term,  and  if  any  evil  be  experienced  under  it,  a  reformation  will 
soon  be  in  our  power.  I  am,  therefore,  for  puttmg  this  among 
our  original* propositions  to  the  court  of  London. 


265 

If  it  should  prove  an  insuperable  obstacle  with  them,  or  if  it 
should  stand  in  the  way  of  a  greater  advantage,  we  can  but  aban- 
don it  in  the  course  of  the  negotiation. 

In  my  copy  of  the  cypher,  on  the  alphabetical  side,  numbers 
are  wanting  from  *  Denmark'  to  '  disc'  inclusive,  and  from  *  gone' 
to  *  governor'  inclusive.  I  suppose  them  to  have  been  omitted  in 
copying  ;  will  you  be  so  good  as  to  send  them  to  me  from  yours, 
by  the  first  safe  conveyance. 

With  compliments  to  the  ladies  and  to  Colonel  Smith. 
I  am,  Dear  Sir, 

your  friend  and  servant, 

Th:  Jefferson.* 


LETTER   LXXXIII. 
TO    M.    DE    CASTRIES. 

Paris,  August  3, 1785. 
Sir, 

The  enclosed  copy  of  a  letter  from  Captain  John  Paul  Jones, 
on  the  subject  on  vs^hich  your  Excellency  did  me  the  honor  to 
write  me,,  on  the  day  of  July,  will  inform  you  that  there  is  still 
occasion  to  be  troublesome  to  you.  A  Mr.  Puchilberg,  a  merchant 
of  L'Orient,  who  seems  to  have  kept  himself  unknown  till  money 
was  to  be  received,  nbw  presents  powers  to  receive  it,  signed  by 
the  American  officers  and  crews :  and  this  produces  a  hesitation 
in  the  person  to  whom  your  order  was  directed.  Congress  how- 
ever, having  substituted  Captain  Jones,  as  agent,  to  solicit  and  re- 
ceive this  money,  he  having  given  them  security  to  forward  it, 
when  received,  to  their  treasury,  to  be  thence  distributed  to  the 
claimants,  and  having  at  a  considerable  expense  of  time,  trouble, 
and  money,  attended  it  to  a  conclusion,  are  circumstances  of 
weight,  against  which  Mr.  Puchilberg  seems  to  have  nothing  to 
oppose,  but  a  nomination  by  individuals  of  the  crew,  under  which 
he  has  declined  to  act,  and  permitted  the  business  to  be  done  by 
another  without  contradiction  from  him.  Against  him,  too,  it  is 
urged  that  he  fomented  the  sedition  which  took  place  among  them  ; 
tliat  he  obtained  this  nomination  from  them  while  their  minds  were 

[*  The  original  of  this  letter  was  in  cypher.  But  annexed  to  tlie  copy  in 
cypher,  is  the  above  literal  copy  by  the  Author.] 

VOL.  I.  34 


266 

under  ferment ;  and  that  he  has  given  no  security  for  the  faithful 
payment  of  the  money  to  those  entitled  to  it. 

I  will  add  to  these,  one  more  ciicumstance  which  appears  to 
render  it  impossible  that  he  should  execute  this  trust.  It  is  now 
several  years  since  the  right  to  this  money  arose.  The  persons 
in  whom  it  originally  vested,  were  probably  from  different  States  in 
America.  Many  of  them  must  be  now  dead ;  and  their  rights 
passed  on  to  their  representatives.  But  who  are  their  representa- 
tives? The  laws  of  some  States  prefer  one  degree  of  relations, 
those  of  others  prefer  another,  there  being  no  uniformity  among 
the  States  on  this  point.  Mr.  Puchilberg,  therefore,  should  know 
which  of  tlie  parties  are  dead;  in  what  order  the  laws  of  their 
respective  States  call  their  relations  to  the  succession ;  and,  in  every 
case,  w^hich  of  those  orders  are  actually  in  existence,  and  entitled 
to  the  share  of  the  deceased.  With  the  Atlantic  ocean  between 
the  principals  and  their  substitute,  your  Excellency  will  perceive 
what  an  inexhaustible  source  of  difficulties,  of  chicanery,  and  de- 
lay, this  might  furnish  to  a  person  who  should  find  an  interest  in 
keeping  this  money,  as  long  as  possible,  in  his  own  hands.  Where- 
as, if  it  be  lodged  in  the  treasury  of  Congress,  they,  by  an  easy 
reference  to  the  tribunals  of  the  different  States,  can  have  every 
one's  portion  immediately  rendered  to  himself,  if  living ;  and  if  dead, 
to  such  of  his  relations  as  the  laws  of  his  particular  State  prefer, 
and  as  shall  be  found  actually  living.  I  the  rather  urge  this  course, 
as  I  foresee  that  it  will  relieve  your  Excellency  from  numberless 
appeals,  which  these  people  will  continually  be  making  from  the 
decisions  of  Mr.  Puchilberg ;  appeals  likely  to  perpetuate  that 
trouble  of  which  you  have  already  had  too  much,  and  to  which  I 
am  sorry  to  be  obliged  to  add,  by  asking  a  peremptory  order  for 
the  execution  of  what  you  were  before  pleased  to  decide,  on  this 
subject. 

I  have  the  honor  to  be,  with  sentiments  of  the  most  perfect  re- 
spect, your  Excellency's 

most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


267 


LETTER    LXXXIV. 

TO    CAPTAIN    JOHN    PAUL    JONES. 

Paris,  August  3, 1785. 
Sir, 

I  received  yesterday  your  favor  of  the  29th,  and  have  written 
on  the  subject  of  it  to  the  Marechal  de  Castries  this  morning. 
You  shall  have  an  answer  as  soon  as  I  receive  one.  Will  you  be 
so  good  as  to  make  an  enquiry  into  all  the  circumstances  relative 
to  Peyrouse's  expedition,  which  seem  to  ascertain  his  destination. 
Particularly  what  number  of  men,  and  of  what  conditions  and  vo- 
cations, had  he  on  board?  What  animals,  their  species  and  number? 
What  trees,  plants  or  seeds?  What  utensils?  What  merchandise  or 
other  necessaries?  This  enquiry  should  be  made  with  as  litde  ap- 
pearance of  interest  in  it,  as  possible.  Should  you  not  be  able  to 
get  satisfactory  information  without  going  to  Brest,  and  it  be  in- 
convenient for  you  to  go  there,  I  will  have  the  expenses,  this  shall 
occasion  you,  paid.  Commit  all  the  circumstances  to  writing,  and 
bring  them  when  you  come  yourself,  or  send  them  by  a  safe  hand. 
I  am,  with  much  respect,  Sir, 

your  most  obedient,  humble  servant, 

Th  :  Jefferson. 


LETTER    LX  XXV. 

TO    JOHN    ADAMS. 

Paris,  August  C,  1785, 

Dear  Sir, 
I  now  enclose  you  a  draught  of  a  treaty  for  the  Barbary  States, 
together  with  the  notes  Dr.  Franklin  left  me.  I  have  retained  a 
press  copy  of  this  draught,  so  that  by  referring  to  any  article,  line 
and  word,  in  it,  you  can  propose  amendments,  and  send  them  by 
the  post,  without  any  body's  being  able  to  make  much  of  the  main 
subject:  I  shall  be  glad  to  receive  any  alterations  you  may  think 
necessary,  as  soon  as  convenient,  that  this  matter  may  be  in  readi- 
ness. I  enclose  also  a  letter  containing  intelligence  from  Algiers. 
I  know  not  how  far  it  is  to  be  relied  on.  My  anxiety  is  extreme 
indeed,  as  to  these  treaties.  We  know  that  Congress  have  de- 
cided ultimately  to  treat.     We  know  how  far  they  will  go.     But 


268 

unfortunately  we  know  also,  that  a  particular  person  has  been 
charged  with  instructions  for  us,  these  five  months,  who  neither 
comes  nor  writes  to  us.  What  are  we  to  do?  It  is  my  opinion, 
that  if  Mr.  Lambe  does  not  come  in  either  of  the  packets  (Eng- 
lish or  French)  now  expected,  we  ought  to  proceed.  I  therefore 
propose  to  you  this  term,  as  the  end  of  our  expectations  of  him, 
and  that  if  he  does  not  come,  we  send  some  other  person.  Dr. 
Bancroft  or  Captain  Jones  occurs  to  me  as  the  fittest.  If  we  con- 
sider the  present  object  only,  I  think  the  former  would  be  the  most 
proper :  but  if  we  look  forward  to  the  very  probable  event  of  war 
with  those  pirates,  an  important  object  would  be  obtained  by  Cap- 
tain Jones'  becoming  acquainted  with  their  ports,  force,  tactics, 
he.  Let  me  know  your  opinion  on  this.  I  have  never  mention- 
ed it  to  either,  but  I  suppose  either  might  be  induced  to  go.  Pre- 
sent me  affectionately  to  the  ladies  and  Colonel  Smith,  and  be 
assured  of  the  sincerity  with  which  I  am. 

Dear  Sir,  your  friend  and  servant, 

.    Th:  Jefferson. 


tPW'. 


LETTER    LXXXVI. 

TO    DR.    PRICE. 

Paris,  August  7,  1785. 


Sir, 

Your  favor  of  July  the  2nd  came  duly  to  hand.  The  concern 
you  therein  express  as  to  the  effect  of  your  pamphlet  in  America, 
induces  me  to  trouble  you  wjth  some  observations  on  that  subject. 

From  my  acquaintance  with  that  country,  I  think  I  am  able  to 
judge,  with  some  degree  of  certainty,  of  the  manner  in  which  it  will 
have  been  received.  Southward  of  the  Chesapeake,  it  will  find 
but  few  readers  concurring  with  it  in  sentiment,  on  the  subject  of 
slavery.  From  the  mouth  to  the  head  of  the  Chesapeake,  the 
bulk  of  the  people  will  approve  it  in  theory,  and  it  will  find  a  re- 
spectable minority  ready  to  adopt  it  in  practice ;  a  minority,  which 
for  weight  and  worth  of  character,  preponderates  against  the  greater 
number,  who  have  not  the  courage  to  divest  their  families  of  a 
property,  which, however,  keeps  their  consciences  unquiet.  North- 
ward of  the  Chesapeake,  you  may  find,  here  and  there,  an  oppo- 
nent to  your  doctrine,  as  you  may  find,  here  and  there,  a  robber 
and  murderer ;  but  in  no  greater  number.  In  that  part  of  Ame- 
rica, there  being  but  few  slaves,  they  can  easily  disencumber 


269 

themselves  of  them ;  and  emancipation  is  put  into  such  a  train,  that 
in  a  few  years  there  will  be  no  slaves  northward  of  Maryland. 
In  Maryland,  I  do  not  find  such  a  disposition  to  begin  the  redress 
of  this  enormity,  as  in  Virginia.  This  is  the  next  State  to  which 
we  may  turn  our  eyes  for  the  interesting  spectacle  of  justice,  in 
conflict  with  avarice  and  oppression :  a  conflict  wherein  the  sacred 
side  is  gaining  daily  recruits,  from  the  influx  into  office  of  young 
men  grown,  and  growing  up.  These  have  sucked  in  the  principles 
of  liberty,  as  it  were,  with  their  mother's  milk ;  and  it  is  to  them  I 
look  with  anxiety  to  turn  the  fate  of  this  question.  Be  not  there- 
fore discouraged.  What  you  have  written  will  do  a  great  deal  of 
good  :  and  could  you  still  trouble  yourself  with  our  welfare,  no 
man  is  more  able  to  give  aid  to  the  laboring  side.  The  Col- 
lege of  William  &;  Mary,  in  Williamsburg,  since  the  re-modelling  of 
its  plan,  is  the  place  where  are  collected  together  all  the  young 
men  of  Virginia,  under  preparation  for  public  hfe.  They  are  there 
under  the  direction  (most  of  them)  of  a  Mr.  Wythe,  one  of  the 
most  virtuous  of  characters,  and  whose  sentiments  on  the  subject 
of  slavery  are  unequivocal.  I  am  satisfied,  if  you  could  resolve  to 
address  an  exhortation  to  those  young  men,  with  all  that  eloquence 
of  which  you  are  master,  that  its  influence  on  the  future  decision 
of  this  important  question  would  be  great,  perhaps  decisive.  Thus 
you  see,  that,  so  far  from  thinking  you  have  cause  to  repent  of 
what  you  have  done,  I  wish  you  to  do  more,  and  wish  it,  on  an  as- 
surance of  its  effect.  The  information  I  have  received  from  Ame- 
rica, of  the  reception  of  your  pamphlet  in  the  different  States, 
agrees  with  the  expectations  I  had  formed. 

Our  country  is  getting  into  a  ferment  against  yours,  or  rather 
has  caught  it  from  yours.  God  knows  how  this  will  end ;  but 
assuredly  in  one  extreme  or  the  other.  There  can  be  no  medium 
between  those  who  have  loved  so  much.  I  think  the  decision  is 
in  your  power  as  yet,  but  will  not  be  so  long. 

I  pray  you  to  be  assured  of  the  sincerity  of  the  esteem  and  re- 
spect, with  which  I  have  the  honor  to  be.  Sir, 
your  most  obedient 

humble  servant, 

Th:  Jefferson. 


270 


LETTER    LXXXVII.  Wi^^3 

TO    JOHN  ADAMS. 

Paris,  August  10,  1785. 


Dear  Sir, 

Your  favor  of  the  4th  instant,  came  to  hand  yesterday.  I  now 
enclose  you  the  two  Arrets  against  the  importation  of  foreign  ma- 
nufactures into  this  kingdom.  The  cause  of  the  balance  against 
this  country,  in  favor  of  England,  as  well  as  its  amount,  is  not, 
agreed  on.  No  doubt,  the  rage  for  English  manufactures  must  be 
a  principal  cause.  The  speculators  in  exchange,  say  also,  that 
those  of  the  circumjacent  countries  who  have  a  balance  in  their  fa- 
vor, against  France,  remit  that  balance  to  England  from  France. 
If  so,  it  is  possible  that  the  English  may  count  this  balance  twice  : 
that  is,  in  summing  their  exports  to  one  of  these  States,  and  their 
imports  from  it,  they  count  the  difference  once  in  their  favor ;  then, 
a  second  time,  when  they  sum  the  remittances  of  cash  they  receive 
from  France.  There  has  been  no  Arret  relative  to  our  commerce, 
since  that  of  August,  1784.  And  all  the  late  advices  from  the 
French  West  Indies,  are,  that  they  have  now  in  their  ports,  always 
three  times  as  many  vessels  as  there  ever  were  before,  and  that 
the  increase  is  principally  from  our  States.  I  have  now  no  further 
fears  of  that  Arrefs  standing  its  ground.  When  it  shall  become 
firm,  I  do  not  think  its  extension  desperate.  But  whether  the 
placing  it  on  the  firm  basis  of  treaty  be  practicable,  is  a  very  diffe- 
rent question.  As  far  as  it  is  possible  to  judge  from  appearances, 
I  conjecture  that  Crawford  will  do  nothing.  I  infer  this  from  some 
things  in  his  conversation,  and  from  an  expression  of  the  Count  de 
Vergennes,  in  a  conversation  with  me  yesterday.  I  pressed  upon 
him  the  importance  of  opening  their  ports  freely  to  us,  in  the  mo- 
ment of  the  oppressions  of  the  English  regulations  against  us,  and 
perhaps,  of  the  suspension  of  their  commerce.  He  admited  it ;  but 
said  we  had  free  ingress  with  our  productions.  I  enumerated  them 
to  him,  and  shewed  him  on  what  footing  they  were,  and  how  they 
might  be  improved.  We  are  to  have  further  conversations  on  the 
subject.  I  am  afraid  the  voyage  to  Fontainebleau  will  interrupt 
them.  From  the  inquiries  I  have  made,  I  find  I  cannot  get  a  very 
small  and  indifferent  house  there,  for  the  season,  (that  is,  for  a 
month)  for  less  than  one  hundred  or  one  hundred  and  fifty  guineas. 
This  is  nearly  the  whole  salary  for  the  time,  and  would  leave  no- 
thing to  eat.  I  therefore  cannot  accompany  the  court  thither,  but 
I  will  endeavor  to  go  there  occasionally  from  Paris.     They  tell 


271 

me  it  is  the  most  favorable  scene  for  business  with  the  Count  de 
Vergennes,  because  he  is  then  more  abstracted  from  the  domestic 
applications.  Count  d'Aranda  is  not  yet  returned  from  the  waters 
of  Vichy.  As  soon  as  he  returns,  I  will  apply  to  him  in  the  case 
of  Mr.  Watson.  I  will  pray  you  to  insure  Houdon's  life  from  the 
27th  of  last  month  till  his  return  to  Paris.  As  he  was  to  stay  in 
America  a  month  or  two,  he  will  probably  be  about  six  months 
absent:  but  tlie  three  per  cent,  for  the  voyage  being  once  paid,  I 
suppose  they  will  insure  his  life  by  the  month,  whether  his  absence 
be  longer  or  shorter.  The  sum  to  be  insured  is  fifteen  thousand 
livres  tournois.  If  it  be  not  necessary  to  pay  the  money  immedi- 
ately, there  is  a  prospect  of  exchange  becoming  more  favorable. 
But  w^henever  it  is  necessary,  be  so  good  as  to  procure  it  by  sell- 
ing a  draft  on  Mr.  Grand,  which  I  will  take  care  shall  be  honored. 
With  compliments  to  the  ladies, 

I  am,  Dear  Sir,  your  friend  and  servant, 

Th;  Jefferson. 


LETTER     LXXXVIII. 
TO     MRS.    SPROWLE. 

Paris,  August  10,  1785. 

Madam, 

In  your  letter  of  June  the  21st,  you  asked  my  opinion  whether 
yourself  or  your  son,  might  venture  to  go  to  Virginia,  to  claim  your 
possessions  there  ?  I  had  the  honor  of  writing  you,  on  the  5th  of  July, 
that  you  might  safely  go  there  ;  that  your  person  would  be  sacredly 
safe,  and  free  from  insult.  I  expressed  my  hopes,  too,  that  the  As- 
sembly of  Virginia  would,  in  the  end,  adopt  the  just  and  useful 
measure  of  restoring  property  unsold,  and  the  price  of  that  actually 
sold.  In  your's  of  July  the  30th,  you  '  entreat  my  influence  witli 
the  Assembly  for  retribution,  and  that  if  I  think  your  personal  pre- 
sence in  Virginia  would  facilitate  tliat  end,  you  were  willing  and 
ready  to  go.'  This  seems  to  propose  to  me  to  take  on  myself  the 
solicitation  of  your  cause,  and  that  you  will  go,  if  I  think  your  per- 
sonal presence  will  be  auxiliary  to  my  applications.  I  feel  my^ 
self  obliged  to  inform  you,  frankly,  that  it  is  improper  for  me  to  so- 
licit your  case  with  the  Assembly  of  Virginia.  The  application 
can  only  go  widi  propriety  from  yourself,  or  the  minister  of  your 
court  to  America,  whenever  there  shall  be  one.  If  you  think  the 
sentiments  expressed  in  my  former  letter  will  serve  you,  you  are 
free  to  exhibit  it  to  members  individually  ;  but  I  wish  the  letter  not 


272 

to  be  offered  to  the  Assembly  as  a  body,  or  referred  to  in  any  pe- 
tition or  memorial  to  them. 

I  am,  with  much  respect,  Madam, 

your  most  obedient  humble  servant, 

Th:  Jefferson. 


LETTER    LXXXIX. 

TO    CAPTAIN   JOHN    PAUL    JONES. 

Paris,  August  13,  1785. 
Sir, 

Supposing  you  may  be  anxious  to  hear  from  hence,  though 
tliere  should  be  nothing  interesting  to  communicate,  I  write  by  Mr. 
Cairnes  merely  to  inform  you,  that  I  have,  as  yet,  received  no 
answer  from  the  Marechal  de  Castries.  I  am  in  daily  expectation 
of  one.  Should  it  not  be  received  soon,  I  shall  urge  it  again, 
which  I  wish  to  avoid  however,  if  possible ;  because  I  think  it  bet- 
ter to  await  with  patience  a  favorable  decision,  than,  by  becom- 
ing importunate,  to  produce  unfavorable  dispositions,  and  perhaps 
a  final  determination  of  the  same  complexion.  Should  my  occu- 
pations prevent  my  writing  awhile,  be  assured  that  it  will  only  be 
as  long  as  I  have  nothing  to  communicate,  and  that  as  soon  as  I 
receive  any  answer,  it  shall  be  forwarded  to  you. 
1  am,  with  much  esteem.  Sir, 

your  most  obedient  humble  servant, 

Th:  Jefferson. 


LETTER    XC. 

TO    MESSRS.    BUCHANAN    AND    HAY. 

Paris,  August  13, 1785. 
Gentlemen, 

Your  favor  of  March  the  20th,  came  to  hand  the  14th  of  June, 
and  the  next  day  I  wrote  to  you,  acknowledging  the  receipt,  and 
apprising  you,  that  between  that  date  and  the  1st  of  August,  it  would 
be  impossible  to  procure,  and  get  to  your  hands  the  draughts  you 
desired.  I  did  hope,  indeed,  to  have  had  them  prepared  before 
this,  but  it  will  yet  be  some  time  before  they  will  be  in  readiness. 
I  flatter  myself,  however,  they  will  give  you  satisfaction  when  you 


273 

receive  tlrem,  and  that  you  will  think  the  object  will  not  have  lost 
by  the  delay.     It  was  a  considerable  time  before  I  could  find  an 
architect,  whose  taste  had  been  formed  on  a  study  of  the  antient 
models  of  this  art :  the  style  of  architecture  in  this  Capital,  being 
far  from  chaste.     I  at  length  heard  of  one,  to  whom  I  immedi- 
ately addressed  myself,  and  who  perfectly  fulfills  my  wishes.     He 
has  studied  twenty  years  in  Rome,  and  has  given  proofs  of  his  skill 
and  taste,  by  a  publication  of  some  antiquities  of  this  country. 
You  intimate  that  you  should  be  willing  to  have  a  workman  sent 
to  you,  to  superintend  the  execution  of  this  work.    Were  I  to  send 
one  on  this  errand,  from  hence,  he  would  consider  himself  as  the 
superintendant  of  the  Directors  themselves,  and  probably,  of  the 
government  of  the  State  also.     I  will  give  you  my  ideas  on  this 
subject.     The  columns  of  the  building,   and  the  external  archi- 
traves of  the  doors  and  windows,  should  be  of  stone.     Whether 
these  are  made  here,  or  there,  you  will  need  one  good  stone-cutter, 
and  one  will  be  enough ;  because,  under  his  direction,  negroes  who 
never  saw  a  tool,  will  be  able  to  prepare  the  work  for  him  to  finish. 
I  will  therefore  send  you  such  a  one,  in  time  to  begin  work  in  the 
spring.     All  tlie  internal  Cornices,  and  other  ornaments  not  ex- 
posed to  the  weather,  will  be  much  handsomer,  cheaper,  and  more 
durable  in  plaister  than  in  wood.     I  will  therefore  employ  a  good 
workman  in  this  way,  and  send  him  to  you.     But  he  will  have  no 
employment  till  the  house  is  covered ;  of  course,  he  need  not  be 
sent  till  next  summer.     I  will  take  him  on  wages  so  long  before- 
hand, as  that  he  may  draw  all  the  ornaments  in  detail,  under  the 
eye  of  the  architect,  which  he  will  have  to  execute  when  he  comes 
to  you.     It  will  be  the   cheapest  way  of  getting  them  drawn,  and 
the  most  certain  of  putting  him  in  possession  of  his  precise  duty. 
Plaister  will  not  answer  for  your  external  cornice,  and  stone  will 
be  too  dear.     You  will  probably  find  yourselves  obliged  to  be 
contented  with  wood.     For  this,  therefore,  and  for  your  window 
sashes,  doors,  frames,  wainscoting,  Sic.  you  will  need  a  capital 
house-joiner ;  and  a  capital  one  he  ought  to  be,  capable  of  directing 
all  the  circumstances  in  the  construction  of  the  walls,  which  the 
execution  of  the  plan  will  require.     Such  a  workman  cannot  be 
got  here.     Nothing  can  be  worse  done  than  the  house-joinery  of 
Paris.     Besides  that  his  speaking  the  language  perfectly  would  be 
essential,  I  think  this  character  must  be  got  from  England.    There 
are  no  workmen  in  wood,  in  Europe,  comparable  to  those  of  Eng- 
land.    I  submit  to  you,  therefore,  the   following  proposition:  to 
wit,  I  will  get  a  correspondent  in  England  to   engage  a  workman 
of  this  kind.     I  will  direct  him  to  come  here,  which  will  cost  five 
guineas.     We  will  make  proof  of  his  execution.     He  shall  also 
VOL.  I.  35 


274 

make,  under  the  eye  of  the  architect,  all  the  drawings  for 
the  building,  which  he  is  to  execute  himself:  and,  if  we  find  him 
sober  and  capable,  he  shall  be  forwarded  to  you.  I  expect,  that 
in  the  article  of  the  drawings,  and  the  cheapness  of  passage  from 
France,  you  will  save  the  expense  of  his  coming  here.  But  as 
to  this  workman,  I  shall  do  nothing  unless  I  receive  your  com- 
mands. With  respect  to  your  stone  work,  it  may  be  got  much 
cheaper  here  than  in  England.  The  stone  of  Paris  is  very 
white  and  beautiful ;  but  it  always  remains  soft,  and  suffers  from 
the  weather.  The  cliffs  of  the  Seine,  from  hence  to  Havre,  are 
all  of  stone.  I  am  not  yet  informed  whether  it  is  all  liable  to  the 
same  objections.  At  Lyons,  and  all  along  the  Rhone,  is  a  stone 
as  beautiful  as  that  of  Paris,  soft  when  it  comes  out  of  the  quarry, 
but  very  soon  becoming  hard  in  the  open  air,  and  very  durable. 
I  doubt,  however,  whether  the  commerce  between  Virginia  and 
Marseilles  would  afford  opportunities  of  conveyance  sufficient.  It 
remains  to  be  inquired,  what  addition  to  the  original  cost  would  be 
made  by  the  short  land  carriage  from  Lyons  to  the  Loire,  and 
the  water  transportation  down  that  to  Bourdeaux;  and  also,  whether 
a  stone  of  the  same  quality  may  not  be  found  on  the  Loire.  In 
this,  and  all  other  matters  relative  to  your  charge,  you  may  com- 
mand my  services  freely. 

Having  heard  high  commendations  of  a  plan  of  a  prison,  drawn 
by  an  architect  at  Lyons,  I  sent  there  for  it.  The  architect  fur- 
nished me  with  it.  It  is  certainly  the  best  plan  I  ever  saw.  It 
unites  in  the  most  perfect  manner,  the  objects  of  security  and 
health,  and  has,  moreover,  the  advantage,  valuable  to  us,  of  being 
capable  of  being  adjusted  to  any  number  of  prisoners,  small  or 
great,  and  admitting  an  execution  from  time  to  time,  as  it  may  be 
convenient.  The  plan  is  under  preparation  as  for  forty  prisoners. 
Will  you  have  any  occasion  for  slate?  It  may  be  got  very  good 
and  ready  prepared  at  Havre ;  and  a  workman  or  more,  might  be 
sent  on  easy  terms.  Perhaps  the  quarry  at  Tuckahoe  would 
leave  you  no  other  want  than  that  of  a  workman. 

I  shall  be  glad  to  receive  your  "sentiments  on  the  several  mat- 
ters herein  mentioned,  that  I  may  know  how  far  you  approve  of 
them,  as  I  shall  with  pleasure  pursue  strictly  whatever  you  de- 
sire. I  have  the  honor  to  be,  with  great  respect  and  esteem. 
Gentlemen, 

your  most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


275 


LETTER    XCI. 

TO   JOHN   JAY. 

Paris,  August  14, 1785. 
Sir, 

I  was  honored,  on  the  22nd  ultimo,  with  the  receipt  of  your  let- 
ter of  June  the  1 5th  ;  and  delivered  the  letter  therein  enclosed, 
from  the  President  of  Congress  to  the  King.  I  took  an  opportu- 
nity of  asking  the  Count  de  Vergennes,  whether  the  Chevalier 
Luzerne  proposed  to  return  to  America  ?  He  answered  me  that 
he  did  ;  and  that  he  was  here,  for  a  time  only,  to  arrange  his  pri- 
vate affairs.  Of  course,  this  stopped  my  proceeding  further,  in 
compliance  with  the  hint  in  your  letter.  I  knew  that  the  Cheva- 
lier Luzerne  still  retained  the  character  of  minister  to  Congress, 
which  occasioned  my  premising  the  question  I  did.  But,  not- 
withstanding the  answer,  which  indeed  was  the  only  one  the  Count 
de  Vergennes  could  give  me,  ,1  believe  it  is  not  expected 
that  the  Chevalier  will  return  to  America  :  that,  he  is  waiting  an 
appointment  here,  to  some  of  their  embassies,  or  some  other  pro- 
motion, and  in  the  mean  time,  as  a  favor,  is  permitted  to  retain 
his  former  character.  Knowing  the  esteem  borne  him  in  America, 
I  did  not  suppose  it  would  be  wished,  that  I  should  add  any  thing 
which  might  occasion  an  injury  to  him ;  and  the  rather,  as  1  pre- 
sumed tliat  at  this  time,  there  did  not  exist  the  same  reason  for 
wishing  the  arrival  of  a  minister  in  America,  which,  perhaps,  ex- 
isted there  at  the  date  of  your  letter.  Count  Adhemar  is  just 
arrived  from  London,  on  account  of  a  paralytic  disease  with  which 
he  has  been  struck.  It  does  not  seem  improbable,  that  his  place 
will  be  supplied,  and  perhaps  by  the  Chevalier  de  la  Luzerne. 

A  French  vessel  has  lately  refused  the  salute  to  a  British  armed 
vessel  in  the  channel.  The  charge  des  affaires  of  Great  Britain, 
at  this  court,  (their  ambassador  having  gone  to  London  a  few  days 
ago,)  made  this  the  subject  of  a  conference  with  the  Count  de 
Vergennes,  on  Tuesday  last.  He  told  me  that  the  Count  ex- 
plained the  transaction,  as  the  act  of  the  individual  master  of  the 
French  vessel,  not  founded  in  any  public  orders.  His  earnest- 
ness, and  his  endeavors  to  find  terms  sufficiently  soft  to  express 
the  Count's  explanation,  had  no  tendency  to  lessen  any  doubts  I 
might  have  entertained  on  this  subject.  1  think  it  possible  the  re- 
fusal may  have  been  by  order :  nor  can  I  believe  that  Great  Bri- 
tain is  in  a  condition  to  resent  it,  if  it  was  so.  In  this  case,  we 
shall  see  it  repeated  by  France ;  and  her  example  will  then  be 


276 

soon  followed  by  other  nations.  The  news  writers  bring  together 
this  circumstance,  with  the  departure  of  the  French  ambassador 
from  London,  and  the  English  ambassador  from  Paris,  the  ma- 
neuvring  of  a  French  fleet  just  off  the  channel,  the  collecting 
some  English  vessels  of  war  in  the  channel,  the  failure  of  a  com- 
mercial treaty  between  the  two  countries,  and  a  severe  Arret  here 
against  English  manufactures,  as  foreboding  war.  It  is  possible 
that  the  fleet  of  maneuvre,  the  refusal  of  the  salute,  and  the  Eng- 
lish fleet  of  observation,  may  have  a  connection  with  one  another. 
But  I  am  persuaded  the  other  facts  are  totally  independent  of 
these,  and  of  one  another,  and  are  accidentally  brought  together  in 
point  of  time.  Neither  nation  is  in  a  condition  to  go  to  war  : 
Great  Britain,  indeed,  the  least  so  of  the  two.  The  latter  power, 
or  rather  its  monarch,  as  Elector  of  Hanover,  has  lately  confede- 
rated with  the  King  of  Prussia  and  others  of  the  Germanic  body, 
evidently  in  opposition  to  the  Emperor's  designs  on  Bavaria.  An 
alliance,  too,  between  the  Empress  of  Russia  and  the  republic  of 
Venice,  seems  to  have  had  him  in  view,  as  he  had  meditated 
some  exchange  of  territory  with  that  republic.  This  desertion  of 
the  powers  heretofore  thought  friendly  to  him,  seems  to  leave  no 
issue  for  his  ambition,  but  on  the  side  of  Turkey.  His  demarka- 
tion  with  that  country  is  still  unsettled.  His  difference  with  the 
Dutch  is  certainly  agreed.  The  articles  are  not  yet  made  public; 
perhaps  not  quite  adjusted.  Upon  the  whole,  we  may  count  on  an- 
other year's  peace  in  Europe,  and  that  our  friends  will  not,  within 
that  time,  be  brought  into  any  embarrassments,  which  might  en- 
courage Great  Britain  to  be  difficult  in  setding  the  points  still  un- 
settled between  us. 

You  have,  doubtless,  seen  in  the  papers,  that  this  court  was 
sending  two  vessels  into  the  south  sea,  under  the  conduct  of  a 
Captain  Peyrouse.  They  give  out,  that  the  object  is  merely  for 
the  improvement  of  our  knowledge  of  the  geography  of  that  part 
of  the  globe.  And  certain  it  is,  that  they  carry  men  of  eminence 
in  different  branches  of  science.  Their  loading,  however,  as  de- 
tailed in  conversations,  and  some  other  circumstances,  appeared 
to  me  to  indicate  some  other  design :  perhaps  that  of  colonising  on 
the  western  coast  of  America  ;  or,  it  may  be,  only  to  establish  one 
or  more  factories  there,  for  the  fur  trade.  Perhaps  we  may  be 
little  interested  in  either  of  these  objects.  But  we  are  interested 
in  another,  that  is,  to  know  whether  they  are  perfectly  weaned 
from  the  desire  of  possessing  condnental  colonies  in  America. 
Events  might  arise,  which  would  render  it  very  desirable  for  Con- 
gress to  be  satisfied  they  have  no  such  wish.  If  they  would  desire 
a  colony  on  the  western  side  of  America,  I  should  not  be  quite 


277 

satisfied  that  they  would  refuse  one  which  should  offer  itself  on 
the  eastern  side.  Captain  Paul  Jones  being  at  L'Orient,  within  a 
day's  journey  of  Brest,  where  Captain  Peyrouse's  vessels  lay,  I 
desired  him,  if  he  could  not  satisfy  himself  at  L'Orient  of  the  na- 
ture of  this  equipment,  to  go  to  Brest  for  that  purpose  :  conduct- 
ing himself,  so  as  to  excite  no  suspicion  that  we  attended  at  all  to 
this  expedition.  His  discretion  can  be  relied  on,  and  his  expenses 
for  so  short  a  journey,  will  be  a  trifling  price  for  satisfaction  on 
this  point.  I  hope,  therefore,  that  my  undertaking  that  the  ex- 
penses of  his  journey  shall  be  reimbursed  him,  will  not  be  disap- 
proved. 

A  gentleman,  lately  arrived  from  New  York,  tells  me,  he  thinks 
it  will  be  satisfactory  to  Congress,  to  be  informed  of  the  effect 
produced  here  by  the  insult  of  Longchamps  on  Monsieur  de  Mar- 
bois.  Soon  after  my  arrival  in  France  last  summer,  it  was  the 
matter  of  a  conversation  between  the  Count  de  Vergennes  and 
myself.  I  explained  to  him  the  effect  of  the  judgment  against 
Longchamps.  He  did  not  say  that  it  was  satisfactory,  but  neidier 
did  he  say  a  word  from  which  I  could  collect  that  it  was  not  so. 
The  conversation  was  not  official,  because  foreign  to  the  character 
in  which  I  then  w^as.  He  has  never  mentioned  a  word  on  the 
subject  to  me  since,  and  it  was  not  for  me  to  introduce  it  at  any 
time.  I  have  never  once  heard  it  meij^tioned  in  conversation,  by 
any  person  of  this  country,  and  have  no  reason  to  suppose  that 
there  remains  any  uneasiness  on  the  subject.  I  have  indeed  been 
told,  that  they  had  sent  orders  to  make  a  formal  demand  of  Long- 
champs from  Congress,  and  had  immediately  countermanded  these 
orders.  You  know  whether  this  be  true.  If  it  be,  I  should  sus- 
pect the  first  orders  to  have  been  surprised  from  them  by  some 
exaggeration,  and  that  the  latter  was  a  correction  of  their  error,  in 
the  moment  of  further  reflection.  Upon  the  whole,  there  certain- 
ly appears  to  me  no  reason  to  urge  the  State,  in  which  the  fact 
happened,  to  any  violation  of  their  laws,  nor  to  set  a  precedent, 
which  might  hereafter  be  used  in  cases  more  interesting  to  us 
than  the  late  one. 

In  a  late  conversation  with  the  Count  de  Vergennes,  he  asked 
me  if  the  condition  of  our  finances  was  improving.  He  did  not 
make  an  application  of  the  question  to  the  arrearages  of  their  inte- 
rest, though  perhaps,  he  meant  that  I  should  apply  it.  I  told  him 
the  impost  still  found  obstacles,  and  explained  to  him  the  effects 
which  I  hoped  from  our  land  office.  Your  letter  of  the  15th  of 
April,  did  not  come  to  hand  till  the  27di  ultimo.  I  enclose  a  letter 
from  Mr.  Dumas  to  die  President  of  Congress,  and  accompany 


278 

the  present  with  the  Leyden  Gazette  and  Gazette  of  France, 
from  the  date  last  sent  you  to  the  present  time. 
I  have  the  honor  to  be,  with  high  esteem.  Sir, 
your  most  obedient 

and  most  humble  servant, 

Th:  Jefferson. 


LETTER    XCII. 

TO    THE    COUNT    DE    VERGENNES. 

Paris,  August  15,  1785. 
Sir, 

In  the  conversation  which  I  had  the  honor  of  having  with  your 
Excellency,  a  few  days  ago,  on  the  importance  of  placing,  at  this 
time,  the  commerce  between  France  and  America  on  the  best  foot- 
ing possible,  among  other  objects  of  this  commerce,  that  of  tobacco 
was  mentioned,  as  susceptible  of  greater  encouragement  and  ad- 
vantage to  the  two  nations.  Always  distrusting  what  I  say  in  a 
language  I  speak  so  imperfectly,  I  will  beg  your  permission  to  state, 
in  English,  the  substance  of  what  I  had  then  the  honor  to  observe, 
adding  some  more  particular  details  for  your  consideration. 

I  find  the  consumption  of  tobacco  in  France,  estimated  at  from 
fifteen  to  thirty  millions  of  pounds.  The  most  probable  estimate, 
however,  places  it  at  twenty-four  millions. 

This  costing  eight  sous  the  pound,  delivered  in 

a  port  of  France,  amounts  to 9,600,000  livres. 

Allow  six  sous  a  pound,  as  the  average  cost  of  the 

different  manufactures 7,200,000 

The  revenue  which  the  King  derives  from  this,  is 

something  less  than 30,000,000 

Which  would  make  the  cost  of  the  whole 46,800,000 

But  it  is  sold  to  the  consumers  at  an  average  of 

three  livres  the  pound 72,000,000 

There  remain  then  for  the  expenses  of  collection  25,200,000  livres. 

This  is  within  a  sixth  as  much  as  the  King  receives,  and  so  gives 
nearly  one  half  for  collecting  the  other.  It  would  be  presumption 
in  me,  a  stranger,  to  suppose  my  numbers  perfectly  accurate.  I 
have  taken  them  from  the  best  and  most  disinterested  authorities 


279 

I  could  find.  Your  Excellency  will  know  how  far  they  are  wrong ; 
and  should  you  find  them  considerably  wrong,  yet  I  am  persuaded 
you  will  find,  after  strictly  correcting  them,  that  the  collection  of 
this  branch  of  the  revenue  still  absorbs  too  much. 

My  apology  for  making  these  remarks,  will,  I  hope,  be  found  in 
my  wishes  to  improve  the  commerce  between  the  two  nations,  and 
the  interest  which  my  own  country  will  derive  from  this  improve- 
ment. The  monopoly  of  the  purchase  of  tobacco  in  France,  dis- 
courages both  the  French  and  American  merchant  from  bringing 
it  here,  and  from  taking  in  exchange  the  manufactures  and  pro- 
ductions of  France.  It  is  contrary  to  the  spirit  of  trade,  and  to  the 
dispositions  of  merchants,  to  carry  a  commodity  to  any  market 
where  but  one  person  is  allowed  to  buy  it,  and  where,  of  course, 
that  person  fixes  its  price,  which  the  seller  must  receive,  or  re- 
export his  commodity,  at  the  loss  of  his  voyage  thither.  Experience 
accordingly  shews,  that  they  carry  it  to  other  markets,  and  that 
they  take  in  exchange  the  merchandise  of  the  place  where  they 
deliver  it.  I  am  misinformed,  if  France  has  not  been  furnished 
from  a  neighboring  nation  with  considerable  quantities  of  tobacco, 
since  the  peace,  and  been  obliged  to  pay  there  in  coin,  what  might 
have  been  paid  here  in  manufactures,  had  the  French  and  Ame- 
rican merchants  brought  the  tobacco  originally  here.  I  suppose, 
too,  that  the  purchases  made  by  the  Farmers  General,  in  America, 
are  paid  for  chiefly  in  coin,  which  coin  is  also  remitted  directly 
hence  to  England,  and  makes  an  important  part  of  the  b^alance 
supposed  to  be  in  favor  of  that  nation  against  this.  Should  the 
Farmers  General,  by  themselves,  or  by  the  company  to  whom  they 
may  commit  the  procuring  these  tobaccos  from  America,  require, 
for  the  satisfaction  of  government  on  this  head,  the  exportation  of 
a  proportion  of  merchandise  in  exchange  for  them,  it  would  be  an 
unpromising  expedient.  It  would  only  commit  the  exports,  as  well 
as  imports,  between  France  and  America,  to  a  monopoly,  which, 
being  secure  against  rivals  in  the  sale  of  the  merchandise  of  France, 
would  not  be  likely  to  sell  at  such  moderate  prices  as  might  en- 
courage its  consumption  there,  and  enable  it  to  bear  a  competition 
with  similar  articles  from  other  countries.  I  am  persuaded  this  ex- 
portation of  coin  may  be  prevented,  and  that  of  commodities  ef- 
fected, by  leaving  both  operations  to  the  French  and  American 
merchants,  instead  of  the  Farmers  General.  They  will  import  a 
sufficient  quantity  of  tobacco,  if  they  are  allowed  a  perfect  freedom 
in  the  sale ;  and  they  will  receive  in  payment,  wines,  oils,  brandies, 
and  manufactures,  instead  of  coin  ;  forcing  each  other,  by  their 
competition,  to  bring  tobaccos  of  the  best  quality ;  to  give  to  the 
French  manufacturer  the  full  worth  of  his  merchandise  ;  and  to  sell 


280 

to  the  American  consumer  at  tlie  lowest  price  they  can  afford  ; 
thus  encouraging  him  to  use,  in  preference,  the  merchandise  of 
this  country. 

It  is  not  necessary  that  this  exchange  should  be  favored  by  any 
loss  of  revenue  to  the  King.  I  do  not  mean  to  urge  any  thing 
which  shall  injure  either  his  Majesty  or  his  people.  On  the  con- 
trary, tlie  measure  I  have  the  honor  of  proposing,  will  increase  his 
revenue,  while  it  places  both  the  seller  and  buyer  on  a  better  foot- 
ing. It  is  not  for  me  to  say,  what  system  of  collection  may  be  best 
adapted  to  the  organization  of  this  government ;  nor,  whether  any 
useful  hints  may  be  taken  from  the  practice  of  that  country,  which 
has  heretofore  been  the  principal  entrepot  for  this  commodity. 
Their  system  is  simple  and  little  expensive.  The  importer,  there, 
pays  the  whole  duty  to  the  King :  and  as  this  would  be  inconve- 
nient for  him  to  do,  before  he  has  sold  his  tobacco,  he  is  permitted, 
on  arrival,  to  deposite  it  in  the  King's  warehouse,  under  the  locks 
of  the  King's  officer.  As  soon  as  he  has  sold  it,  he  goes  with  the 
purchaser  to  the  warehouse,  the  money  is  there  divided  between 
the  King  and  him,  to  each  his  proportion,  and  the  purchaser  takes 
out  the  tobacco.  The  payment  of  the  King's  duty  is  thus  ensured 
in  ready  money.  What  is  the  expense  of  its  collection,  I  cannot 
say ;  but  it  certainly  need  not  exceed  six  livres  a  hogshead  of  one 
thousand  pounds.  That  government  levies  a  higher  duty  on  to- 
bacco than  is  levied  here.  Yet  so  tempting  and  so  valuable  is  the 
perfect  liberty  of  sale,  that  the  merchant  carries  it  there,  and  finds 
his  account  in  doing  so. 

If,  by  a  simplification  of  the  collection  of  the  King's  duty  on  to- 
bacco, the  cost  of  that  collection  can  be  reduced  even  to  five  per 
cent.,  or  a  million  and  a  half,  instead  of  twenty-five  millions ;  the 
price  to  the  consumer  will  be  reduced  from  three  to  two  livres  the 
pound.     For  thus  I  calculate. 
The  cost,  manufacture  and  revenue,  on  twenty- 
four  million  pounds  of  tobacco  being  (as  be- 
fore stated) 46,800,000  livres. 

Five  per  cent,  on  thirty  millions  of  livres,  expen- 
ses of  collection 1,500,000 

Give    what  the    consumers   would    pay,   being 

about  two  livres  a  pound 48,300,000 

But  they  pay  at  present  three  livres  a  pound 72,000,000 

The  difference  is 23,700,000 

The  price  being  thus  reduced  one  third,  would  be  brought  with- 
in the  reach  of  a  new  and  numerous  circle  of  the  people,  who  can- 
not, at  present,  afford  themselves  this  luxury.     The  consumption. 


281 

then,  would  probably  increase,  and  perhaps  in  the  same  if  not  a 
greater  proportion,  with  the  reduction  of  the  price ;  that  is  to  say, 
from  twenty-four  to  thirty-six  millions  of  pounds :  and  the  King, 
condnuing  to  receive  twenty-five  sous  on  the  pound,  as  at  present, 
would  receive  forty-five  instead  of  thirty  millions  of  livres,  while 
his  subjects  would  pay  but  two  livres  for  an  object  which  has  here- 
tofore cost  them  three.  Or  if,  in  event,  the  consumption  were  not 
to  be  increased,  he  would  levy  only  forty-eight  millions  on  his  peo- 
ple, where  seventy-two  millions  are  now  levied,  and  would  leave 
twenty-four  millions  in  their  pockets,  either  to  remain  there,  or  to 
be  levied  in  some  other  form,  should  the  state  of  revenue  require 
it.  It  will  enable  his  subjects,  also,  to  dispose  of  between  nine  and 
ten  millions  worth  of  their  produce  and  manufactures,  instead  of 
sending  nearly  that  sum  annually,  in  coin,  to  enrich  a  neighboring 
nation. 

I  have  heard  two  objections  made  to  the  suppression  of  this 
monopoly.  1.  That  it  might  increase  the  importation  of  tobacco 
in  contraband.  2.  That  it  would  lessen  the  abilifies  of  the  Farm- 
ers General,  to  make  occasional  loans  of  moneyto  the  public  trea- 
sury. These  objections  will  surely  be  better  answered  by  those 
who  are  better  acquainted  than  I  am,  with  the  details  and  circum- 
stances of  the  country.  With  respect  to  tlie  first,  however,  I  may 
observe,  that  contraband  does  not  increase  on  lessening  the  tempta- 
tions to  it.  It  is  now  encouraged,  by  those  who  engage  in  it  being 
able  to  sell  for  sixty  sous  what  cost  but  fourteen,  leaving  a  gain  of 
forty-six  sous.  When  tlie  price  shall  be  reduced  from  sixty  to  forty 
sous,  the  gain  will  be  but  twenty-six,  that  is  to  say,  a  litde  more 
than  one  half  of  what  it  is  at  present.  It  does  not  seem  a  natural  con- 
sequence, then,  that  contraband  should  be  increased,  by  reducing 
its  gain  nearly  one  half.  As  to  the  second  objection,  if  we  sup- 
pose (for  elucidafion  and  without  presuming  to  fix)  the  proportion 
of  the  farm  on  tobacco,  at  one  eighth  of  the  whole  mass  farmed, 
the  abilities  of  the  Farmers  General  to  lend,  will  be  reduced  one 
eighth,  that  is,  they  can  hereafter  lend  only  seven  millions,  where 
heretofore  they  have  lent  eight.  It  is  to  be  considered,  then, 
whether  this  eighth  (or  other  proportion,  whatever  it  be)  is  worth 
the  annual  sacrifice  of  twenty-four  millions,  or  if  a  much  smaller 
sacrifice  to  other  monied  men,  will  not  produce  the  same  loans  of 
money  in  the  ordinary  way. 

While  the  advantages  of  an  increase  of  revenue  to  the  crown, 
a  diminution  of  impost  on  the  people,  and  a  payment  in  merchan- 
dise, instead  of  money,  are  conjectured  as  likely  to  result  to  France 
from  a  suppression  of  the  monopoly  on  tobacco,  we  have  also  reason 
to  hope  some  advantages  on  our  part ;  and  this  hope  alone,  could 
VOL.  I.  36 


282 

justify  my  entering  into  the  present  details.  I  do  not  expect  this 
advantage  will  be  by  an  augmentation  of  price.  The  other  mar- 
kets of  Europe  have  too  much  influence  on  this  article,  to  admit 
any  sensible  augmentation  of  price  to  take  place.  But  the  ad- 
vantage I  principally  expect,  is  an  increase  of  consumption.  This 
will  give  us  a  vent  for  so  much  more,  and,  of  consequence,  find 
employment  for  so  many  more  cultivators  of  the  earth ;  and  in 
whatever  proportion  it  increases  this  production  for  us,  in  the 
same  proportion  will  it  procure  additional  vent  for  the  merchandise 
of  France,  and  employment  for  the  hands  which  produce  it.  I 
expect  too,  that  by  bringing  our  merchants  here,  they  w^ould  pro- 
cure a  number  of  commodities  in  exchange,  better  in  kind,  and 
cheaper  in  price.  It  is  wath  sincerity  I  add,  that  warm  feelings 
are  indulged  in  my  breast  by  the  further  hope,  that  it  would  bind 
the  two  nations  still  closer  in  friendship,  by  binding  them  in  interest. 
In  truth,  no  two  countries  are  better  calculated  for  the  exchanges 
of  commerce.  France  wants  rice,  tobacco,  potash,  furs,  and  ship 
timber.  We  want  wines,  brandies,  oils,  and  manufactures.  There 
is  an  affection  too,  between  the  two  people,  which  disposes  them 
to  favor  one  another.  If  they  do  not  come  together,  then,  to 
make  the  exchange  in  their  own  ports,  it  shews  there  is  some 
substantial  obstruction  in  the  way.  We  have  had  the  benefit  of 
too  many  proofs  of  his  Majesty's  friendly  disposition  towards  the 
United  States,  and  know  too  well  his  affectionate  care  of  his 
own  subjects,  to  doubt  his  willingness  to  remove  these  obstructions, 
if  they  can  be  unequivocally  pointed  out.  It  is  for  his  wisdom  to 
decide,  whether  the  monopoly,  which  is  the  subject  of  this  letter, 
be  deservedly  classed  with  the  principal  of  these.  It  is  a  great 
comfort  to  me  too,  that  in  presenting  this  to  the  mind  of  his  Ma- 
jesty, your  Excellency  will  correct  my  ideas  where  an  insufficient 
knowledge  of  facts  may  have  led  me  into  error;  and  that  while 
the  interests  of  the  King  and  of  his  people  are  the  first  object  of 
your  attention,  an  additional  one  will  be  presented  by  those  dispo- 
sitions towards  us,  which  have  heretofore  so  often  befriended  our 
nation. 

I  avail  myself  of  this  occasion  to  repeat  the  assurance  of  that 
high  respect  and  esteem,  with  which  I  have  the  honor  to  be, 
.   your  Excellency's 

most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


283 

LETTER   XCIII. 

TO    CAPTAIN   JOHN    PAUL   JONES. 

Paris,  August  17, 1785. 

Sir, 

Mine  of  the  13th,  informed  you  that  I  had  written  to  the  M.  de 
Castries  on  the  subject  of  Puchilberg's  interference.  Yesterday 
I  received  his  answer  dated  the  1 2th.  In  that,  he  says  that  he  is  in- 
formed by  the  Ordonneteur,  that  he  has  not  been  able  to  get  an  au- 
thentic roll  of  the  crew  of  tlie  Alliance,  and  that,  in  the  probable  case 
of  there  having  been  some  French  subjects  among  them,  it  will  be 
just  that  you  should  give  security  to  repay  their  portions.  I  wrote 
to  him  this  morning,  that  as  you  have  obliged  yourself  to  transmit 
the  money  to  the  treasury  of  the  United  States,  it  does  not  seem 
just  to  require  you  to  be  answerable  for  money  which  will  be  no 
longer  within  your  power ;  that  the  repayment  of  such  portions 
will  be  incumbent  on  Congress ;  that  I  will  immediately  solicit  their 
orders  to  have  all  such  claims  paid  by  their  banker  here ;  and  that 
should  any  be  presented  before  I  receive  their  orders,  I  will  un- 
dertake to  direct  the  banker  of  the  United  States  to  pay  them, 
that  tliere  may  be  no  delay.  I  trust  that  this  will  remove  the 
difficulty,  and  that  it  is  the  last  which  will  be  offered.  The  ulti- 
mate answer  shall  be  communicated  the  moment  I  receive  it. 
Having  pledged  myself  for  the  claims  which  may  be  offered,  be- 
fore I  receive  the  orders  of  Congress,  it  is  necessary  to  arm  my- 
self with  the  proper  checks.  Can  you  give  me  a  roll  of  the  crew, 
pointing  out  the  French  subjects?  If  not,  can  you  recollect  per- 
sonally the  French  subjects,  and  name  them  to  me,  and  the  sums 
ihey  are  entided  to  ?  If  there  were  none  such,  yet  the  roll  will  be 
raaterial,  because  I  have  no  doubt  that  Puchilberg  will  excite 
claims  upon  me,  either  true  or  false. 

I  am,  with  much  respect.  Sir, 

your  most  obedient  humble  servant, 

Th:  Jefferson. 


284 

LETTER  XCIV. 

TO   WILLIAM    CARMICHAEL. 

Paris,  August  18, 1785. 

Dear  Sir, 

My  last  to  you  was  of  June  the  22ncl,  with  a  postscript  of  July 
the  14th.  Yours  of  June  the  27th,  came  to  hand  the  23rd  of 
July,  and  that  of  July  the  28th,  came  to  hand  the  10th  instant.  The 
papers  enclosed  in  the  last  shall  be  communicated  to  Mr.  Adams. 
I  see  with  extreme  satisfaction  and  gratitude,  the  friendly  interposi- 
tion of  the  court  of  Spain  with  the  Emperor  of  Morocco,  on  the 
subject  of  the  brig  Betsy,  and  I  am  persuaded  it  will  produce  the 
happiest  effects  in  America.  Those  who  are  entrusted  with  the 
public  affairs  there,  are  sufficiently  sensible  how  essenually  it  is  for 
our  interest  to  cultivate  peace  with  Spain,  and  they  will  be  pleased 
to  see  a  corresponding  disposition  in  that  court.  The  late  good 
office  of  emancipating  a  number  of  our  countrymen  from  slavery, 
is  peculiarly  calculated  to  produce  a  sensation  among  our  people, 
and  to  dispose  them  to  relish  and  adopt 'the  pacific  and  friendly 
views  of  their  leaders,  towards  Spain.  We  hear  nothing  yet  of 
Mr.  Lambe.  I  have  therefore  lately  proposed  to  Mr.  Adams, 
that  if  he  does  not  come  iij  the  French  or  English  packet  of  this 
month,  we  will  wait  no  longer.  If  he  accedes  to  the  proposition, 
you  will  be  sure  of  hearing  of,  and  perhaps  of  seeing  some  agent 
proceeding  on  that  business.  The  immense  sum  said  to  have 
been  proposed,  on  the  part  of  Spain,  to  Algiers,  leaves  us  litde 
hope  of  satisfying  their  avarice.  It  may  happen  then,  that  the  in- 
terests of  Spain  and  America  may  call  for  a  concert  of  proceedings 
against  that  State.  The  dispositions  of  the  Emperor  of  Morocco, 
give  us  better  hopes  there.  May  not  the  affairs  of  the  Musquito 
coast,  and  our  western  ports,  produce  another  instance  of  a  com- 
mon interest?  Indeed,  I  meet  this  correspondence  of  interest  in 
so  many  quarters,  that  I  look  with  anxiety  to  the  issue  of  Mr. 
Gardoqui's  mission ;  hoping  it  will  be  a  removal  of  the  only  diffi- 
culty at  present  subsisting  between  the  two  nations,  or  which  is 
likely  to  arise. 

Congress  are  not  likely  to  adjourn  this  summer.  They  have 
purchased  the  Indian  right  of  soil  to  about  fifty  millions  of  acres 
of  land,  between  the  Ohio  and  lakes,  and  expected  to  make  an- 
other purchase  of  an  equal  quantity.  They  have,  in  consequence, 
passed  an  ordinance  for  disposing  of  their  lands,  and  I  think  a 
very  judicious  one.     They  propose  to  sell  them  at  auction,  for  not 


285 

less  than  a  dollar  an  acre,  receiving  their  own  certificates  of  debt 
as  money.  I  am  of  opinion  all  the  certificates  of  our  domestic 
debt  will  immediately  be  exchanged  for  land.  Our  foreign  debt, 
in  that  case,  will  soon  be  discharged.  New  York  and  Rhode  Is- 
land still  refuse  die  impost.  A  general  disposition  is  taking  place 
to  commit  the  whole  management  of  our  commerce  to  Congress. 
This  has  been  much  promoted  by  the  interested  policy  of  Eng- 
land, w^hich,  it  was  apparent,  could  not  be  counter-worked  by  the 
States  separately.  In  the  mean  time,  the  other  great  towns  are 
acceding  to  the  proceedings  of  Boston  for  annihilating,  in  a  great 
measure,  their  commercial  connections  with  Great  Britain.  I  will 
send  the  cypher  by  a  gentleman  who  goes  from  here  to  Madrid  about 
a  month  hence.  It  shall  be  a  copy  of  the  one  I  gave  Mr.  Adams. 
The  letter  of  Don  Gomez,  has  been  delivered  at  the  hotel  of  the 
Portuguese  ambassador,  who  is,  however,  in  tlie  country. 
I  am  with  much  respect.  Dear  Sir, 

your  most  obedient  humble  servant, 

Th  :  Jefferson. 


LETTER    XCV. 
TO    PETER    CARR^  *         ^ 

Paris,  August  19,  1785, 

Dear  Peter, 
I  received,  by  Mr.  Mazzei,  your  letter  of  April  the  20th.  I  am 
much  mortified  to  hear  that  you  have  lost  so  much  time ;  and  that 
when  you  arrived  in  Williamsburg,  you  were  not  at  all  advanced 
from  what  you  were  when  you  left  Monticello.  Time  now  begins 
to  be  precious  to  you.  Every  day  you  lose,  will  retard  a  day  your 
entrance  on  that  public  stage  whereon  you  may  begin  to  be  useful 
to  yourself.  However,  the  way  to  repair  the  loss  is  to  improve 
the  future  time.  I  trust,  that  with  your  dispositions,  even  the  ac- 
quisition of  science  is  a  pleasing  employment.  I  can  assure  you, 
that  the  possession  of  it  is,  what  (next  to  an  honest  heart)  will  above 
all  things  render  you  dear  to  your  friends,  and  give  you  fame  and 
promotion  in  your  own  country.  When  your  mind  shall  be  well 
improved  with  science,  nothing  will  be  necessary  to  place  you  in 
the  highest  points  of  view,  b|it  to  pursue  the  interests  of  your 
country,  the  interests  of  your  friends,  and  your  own  interests  also, 
with  the  purest  integrity,  the  most  chaste  honor.  The  defect  of 
these  virtues  can  never  be  made  up  by  all  the  other  acquirements 
of  body  and  mind.     Make  these  then  your  first  object.     Give  up 


286 

money,  give  up  fame,  give  up  science,  give  the  earth  itself  and  all 
it  contains,  rather  than  do  an  immoral  act.  And  never  suppose, 
that  in  any  possible  situation,  or  under  any  circumstances,  it  is  best 
for  you  to  do  a  dishonorable  thing,  however  slightly  so  it  may  ap- 
pear to  you.  Whenever  you  are  to  do  a  thing,  though  it  can  never 
be  known  but  to  yourself,  ask  yourself  how  you  would  act  were 
all  the  world  looking  at  you,  and  act  accordingly.  Encourage  all 
your  virtuous  dispositions,  and  exercise  them  whenever  an  oppor- 
tunity arises ;  being  assured  that  they  will  gain  strength  by  exercise, 
as  a  limb  of  the  body  does,  and  that  exercise  will  make  them  ha- 
bitual. From  the  practice  of  tlie  purest  virtue,  you  may  be  assured 
you  will  derive  the  most  sublime  comforts  in  every  moment  of  life, 
and  in  the  moment  of  death.  If  ever  you  find  yourself  environed 
with  difficulties  and  perplexing  circumstances,  out  of  which  you 
are  at  a  loss  how  to  extricate  yourself,  do  what  is  right,  and  be  as- 
sured that  that  will  extricate  you  the  best  out  of  the  worst  situations. 
Though  you  cannot  see,  when  you  take  one  step,  what  will  be 
the  next,  yet  follow  truth,  justice,  and  plain  dealing,  and  never  fear 
their  leading  you  out  of  the  labyrinth,  in  the  easiest  manner  pos- 
sible. The  knot  which  you  thought  a  Gordian  one,  will  untie  itself 
before  you.  Nothing  is  so  mistaken  as  the  supposition,  that  a  per- 
son is  to  extricate  himself  from  a  difficulty,  by  intrigue,  by  chi- 
canery, by  dissimulation,  by  trimming,  by  an  untruth,  by  an  injus- 
tice. This  increases  the  difficulties  ten  fold ;  and  those  who  pursue 
these  methods,  get  themselves  so  involved  at  length,  that  they  can 
turn  no  way  but  their  infamy  becomes  more  exposed.  It  is  of 
great  importance  to  set  a  resolution,  not  to  be  shaken,  never  to  tell 
an  untruth.  There  is  no  vice  so  mean,  so  pitiful,  so  contemptible ; 
and  he  who  permits  himself  to  tell  a  lie  once,  finds  it  much  easier 
to  do  it  a  second  and  third  time,  till  at  length  it  becomes  habitual ; 
he  tells  lies  without  attending  to  it,  and  truths  without  the  world's 
believing  him.  This  falsehood  of  the  tongue  leads  to  that  of  the 
heart,  and  in  time  depraves  all  its  good  dispositions. 

An  honest  heart  being  the  first  blessing,  a  knowing  head  is  the 
second.  It  is  time  for  you  now  to  begin  to  be  choice  in  your  read- 
ing ;  to  begin  to  pursue  a  regular  course  in  it ;  and  not  to  suffer 
yourself  to  be  turned  to  the  right  or  left  by  reading  any  thing  out 
of  that  course.  I  have  long  ago  digested  a  plan  for  you,  suited  to 
the  circumstances  in  which  you  will  be  placed.  This  I  will  detail 
to  you,  from  fime  to  time,  as  yoi^  advance.  For  the  present,  I 
advise  you  to  begin  a  course  of  antient  history,  reading  every  thing 
in  the  original  and  not  in  translations.  First  read  Goldsmith's  his- 
tory of  Greece.  This  will  give  you  a  digested  view  of  that  field. 
Then  take  up  antient  history  in  the  detail,  reading  the  following 


287 

books,  in  the  following  order  :  Herodotus,  Thucydides,  Xenophon- 
tis  Hellenica,  Xenopbontis  Anabasis,  Arrian,  Quintus  Curtius,  Dio- 
dorus  Siculus,  Justin.  This  shall  form  the  first  stage  of  your 
historical  reading,  and  is  all  I  need  mention  to  you  now.  The 
next,  will  be  of  Roman  history.*  From  that,  we  will  come  down 
to  modern  history.  In  Greek  and  Lafin  poetry,  you  have  read  or 
will  read  at  school,  Virgil,  Terence,  Horace,  Anacreon,  Theocri- 
tus, Homer,  Euripides,  Sophocles.  Read  also  Milton's  Paradise 
Lost,  Shakspeare,  Ossian,  Pope's  and  Swift's  works,  in  order  to 
form  your  style  in  your  own  language.  In  morality,  read  Epic- 
tetus,  Xenophontis  Memorabilia,  Plato's  Socratic  dialogues,  Cicero's 
philosophies,  Antoninus,  and  Seneca.  In  order  to  assure  a  certain 
progress  in  this  reading,  consider  what  hours  you  have  free  from 
the  school  and  the  exercises  of  the  school.  Give  about  two  of  them, 
every  day,  to  exercise ;  for  health  must  not  be  sacrificed  to  learn- 
ing. A  strong  body  makes  the  mind  strong.  As  to  the  species 
of  exercise,  I  advise  the  gun.  While  this  gives  a  moderate  exer- 
cise to  the  body,  it  gives  boldness,  enterprise,  and  independence 
to  the  mind.  Games  played  with  the  ball,  and  others  of  that  na- 
ture, are  too  violent  for  the  body,  and  stamp  no  character  on  the 
mind.  Let  your  gun  therefore  be  the  constant  companion  of  your 
walks.  Never  think  of  taking  a  book  with  you.  The  object  of 
walking  is  to  relax  the  mind.  You  should  therefore  not  permit 
yourself  even  to  think  while  you  walk ;  but  divert  your  attention 
by  the  objects  surrounding  you.  Walking  is  the  best  possible  ex- 
ercise. Habituate  yourself  to  walk  very  far.  The  Europeans 
value  themselv^es  on  having  subdued  the  horse  to  the  uses  of  man ; 
but  I  doubt  whether  we  have  not  lost  more  than  we  have  gained, 
by  the  use  of  this  animal.  No  one  has  occasioned  so  much,  the 
degeneracy  of  the  human  body.  An  Indian  goes  on  foot  nearly  as 
far  in  a  day,  for  a  long  journey,  as  an  enfeebled  white  does  on  his 
horse  ;  and  he  \vill  tire  the  best  horses.  There  is  no  habit  you  will 
value  so  much  as  that  of  walking  far  without  fatigue.  I  would  ad- 
vise you  to  take  your  exercise  in  the  afternoon  :  not  because  it  is 
the  best  time  for  exercise,  for  certainly  it  is  not;  but  because  it  is 
the  best  time  to  spare  from  your  studies ;  and  habit  will  soon  re- 
concile it  to  health,  and  render  it  nearly  as  useful  as  if  you  gave 
to  that  the  more  precious  hours  of  the  day.  A  little  walk  of  half 
an  hour,  in  the  morning,  when  you  first  rise,  is  advisable  also.  It 
shakes  off  sleep,  and  produces  other  good  effects  in  the  animal 
economy.  Rise  at  a  fixed  and  an  early  hour,  and  go  to  bed  at  a 
fixed  and  early  hour  also.     Sitting  up  late  at  night  is  injurious  to 

*  Livy,  Sullust,  CsBsar,  Cicero's  epistles,  Suetonius,  Tacitus,  Gibbon. 


288 

the  health,  and  not  useful  to  the  mind.  Having  ascribed  proper 
hours  to  exercise,  divide  what  remain,  (I  mean  of  your  vacant 
hours)  into  three  portions.  Give  the  principal  to  History,  the  other 
two,  which  should  be  shorter,  to  Philosophy  and  Poetry.  Write 
to  me  once  every  month  or  two,  and  let  me  know  the  progress  you 
make.  Tell  me  in  what  manner  you  employ  every  hour  in  the 
day.  The  plan  I  have  proposed  for  you  is  adapted  to  your  pre- 
sent situation  only.  When  that  is  changed,  I  shall  propose  a  cor- 
responding change  of  plan.  I  have  ordered  the  following  books 
to  be  sent  to  you  from  London,  to  the  care  of  Mr.  Madison.  He- 
rodotus, Thucydides,  Xenophon's  Hellenics,  Anabasis  and  Me- 
morabilia, Cicero's  works,  Baretti's  Spanish  and  English  Diction- 
ary, Martin's  Philosophical  Grammar,  and  Martin's  Philosophia 
Britannica.  I  will  send  you  the  following  from  hence.  Bezout's 
Mathematics,  De  la  Lande's  Astronomy,  Muschenbrock's  Physics, 
Quintus  Curtius,  Justin,  a  Spanish  Gramnicu-,  and  some  Spanish 
books.  You  will  observe  that  Martin,  Bezout,  De  la  Lande,  and 
Muschenbrock  are  not  in  the  preceding  plan.  They  are  not  to 
be  opened  till  you  go  to  the  University.  You  are  now,  I  expect, 
learning  French.  You  must  push  this;  because  the  books  which 
will  be  put  into  your  hands  when  you  advance  into  Mathematics, 
Natural  philosophy.  Natural  history,  &;c.  will  be  mostly  French, 
these  sciences  being  better  treated  by  the  French  than  the  English 
writers.  Our  future  connection  with  Spain  renders  that  the  most 
necessary  of  the  modern  languages,  after  the  French.  When  you 
become  a  public  man,  you  may  have  occasion  for  it,  and  the  cir- 
cumstance of  your  possessing  that  language,  may  give  you  a  pre- 
ference over  other  candidates.  I  have  nothing  further  to  add  for 
the  present,  but  husband  well  your  time,  cherish  your  instructors, 
strive  to  make  every  body  your  friend ;  and  be  assured  that  no- 
thing will  be  so  pleasing,  as  your  success,  to.  Dear  Peter, 

Your's  affectionately, 

Th:  Jefferson. 


LETTER   XCVl. 
TO   JOHN    PAGE. 

Paris,  August  20,  1785. 


Dear  Page, 

I  received  your  friendly  letter  of  April  the  28th,  by  Mr.  Mazzei, 
on  the  22nd  of  July.  That  of  the  month  before,  by  Monsieur  Le 
Croix,  has  not  come  to  hand.     This  correspondence  is  grateful  to 


289 

some  of  my  warmest  feelings,  as  the  friendships  of  my  youth  are 
those  which  adhere  closest  to  me,  and  in  which  I  most  confide. 
My  principal  happiness  is  now  in  the  retrospect  of  life. 

I  thank  you  for  your  notes  of  your  operations  on  die  Pennsyl- 
vania boundary.  I  am  in  hopes  that  from  yourself,  Madison, 
Rittenhouse  or  Hutchings,  I  shall  receive  a  chart  of  the  line  as 
actually  run.  It  will  be  a  great  present  to  me.  I  think  Hutch- 
ings promised  to  send  it  to  me.  I  have  been  much  pleased  to 
hear  you  had  it  in  contemplation,  to  endeavor  to  establish  Ritten- 
house in  our  college.  This  would  be  an  immense  acquisition, 
and  would  draw  youth  to  it  from  every  part  of  the  continent.  You 
will  do  much  more  honor  to  our  society,  on  reviving  it,  by 
placing  him  at  its  head,  than  so  useless  a  member  as  I  should  be. 
I  have  been  so  long  diverted  from  this  my  favorite  line,  and  tliat, 
too,  without  acquiring  an  attachment  to  my  adopted  one,  that  I  am 
become  a  mongrel,  of  no  decided  order,  unowned  by  any,  and 
incapable  of  serving  any.  1  should  feel  myself  out  of  my  true  place 
too,  to  stand  before  McTiiirg.  But  why  withdraw  yourself?  You 
have  more  zeal,  more  application,  and  more  constant  attention  to 
the  subjects  proper  to  the  society,  and  can,  therefore,  serve  them 
best. 

The  affair  of  the  Emperor  and  Dutch  is  settled,  though  not 
signed.  The  particulars  have  not  yet  transpired.  That  of  the 
Bavarian  exchange  is  dropped,  and  his  views  on  Venice  defeated. 
The  alliance  of  Russia  with  Venice,  to  prevent  his  designs  in  that 
quarter,  and  tliat  of  the  Hanoverian  Elector  with  the  King  of 
Prussia  and  other  members  of  the  Germanic  body,  to  prevent  his 
acquisition  of  Bavaria,  leave  him  in  a  solitary  situation.  In  truth, 
he  has  lost  much  reputation  by  his  late  maneuvres.  He  is  a 
resdess,  ambitious  character,  aiming  at  every  thing,  persevering  in 
nothing,  taking  up  designs  without  calculating  the  force  which  will 
be  opposed  to  him,  and  dropping  them  on  the  appearance  of  firm 
opposition.  He  has  some  just  views,  and  much  activity.  The 
only  quarter  in  which  the  peace  of  Europe  seems  at  present  capa- 
ble of  being  disturbed,  is  on  that  of  the  Porte.  It  is  believed  that 
the  Emperor  and  Empress  have  schemes  in  contemplation,  for 
driving  the  Turks  out  of  Europe.  Were  this  with  a  view  to  re- 
establish the  native  Greeks  in  the  sovereignty  of  their  ow^n  coun- 
try, I  could  wish  them  success,  and  to  see  driven  from  that  delight- 
ful country  a  set  of  barbarians,  with  whom  an  opposition  to  all 
science  is  an  article  of  religion.  The  modem  Greek  is  not  yet 
so  far  departed  from  its  antient  model,  but  that  we  might  still  hope 
to  see  the  language  of  Homer  and  Demosthenes  flow  witii  purity, 
fron^  the  lips  of  a  free  and  ingenious  people.  But  these  powers 
VOL.  I.  37 


290 

have  in  object  to  divide  the  country  between  themselves.  This 
is  only  to  substitute  one  set  of  barbarians  for  another,  breaking,  at 
the  same  time,  the  balance  among  the  European  powers.  You 
have  been  told,  with  truth,  that  the  Emperor  of  Morocco  has 
shewn  a  disposition  to  enter  into  treaty  with  us :  but  not  truly,  that 
Congress  has  not  attended  to  his  advances,  and  thereby  disgusted 
him.  It  is  long  since  they  took  measures  to  meet  his  advances. 
But  some  unlucky  incidents  have  delayed  their  effect.  His  dis- 
positions continue  good.  As  a  proof  of  this,  he  has  lately  released 
freely,  and  clothed  well,  the  crew  of  an  American  brig  he  took 
last  winter ;  the  only  vessel  ever  taken  from  us  by  any  of  the 
States  of  Barbary.  But  what  is  the  English  of  these  good  dispo- 
sitions ?  Plainly  this ;  he  is  ready  to  receive  us  into  the  number 
of  his  tributaries.  What  will  be  the  amount  of  tribute,  remains 
yet  to  be  known,  but  it  probably  will  not  be  as  small  as  you  may 
have  conjectured.  It  will  surely  be  more  than  a  free  people  ought 
to  pay  to  a  power  owning  only  four  or  five  frigates,  under 
twenty-two  guns :  he  has  not  a  port  into  which  a  larger  vessel  can 
enter.  The  Algerines  possess  fifteen  or  tw^enty  frigates,  from  that 
size  up  to  fifty  guns.  Disinclination  on  their  part,  has  lately  broken 
off  a  treaty  between  Spain  and  them,  whereon  they  were  to  have 
received  a  million  of  dollars,  besides  great  presents  in  naval  stores. 
What  sum  they  intend  we  shall  pay,  I  cannot  say.  Then  follow 
Tunis  and  Tripoli.  You  will  probably  find  the  tribute  to  all  these 
powers  make  such  a  proportion  of  the  federal  taxes,  as  that  every 
man  will  feel  them  sensibly,  when  he  pays  those  taxes.  The 
question  is,  whether  their  peace  or  war  will  be  cheapest  ?  But  it 
is  a  question  which  should  be  addressed  to  our  honor,  as  well  as 
our  avarice.  Nor  does  it  respect  us  as  to  these  pirates  only,  but 
as  to  the  nations  of  Europe.  If  we  wish  our  commerce  to  be  free 
and  uninsulted,  we  must  let  these  nations  see,  that  we  have  an 
energy  which  at  present  they  disbelieve.  The  low  opinion  they 
entertain  of  our  powers,  cannot  fail  to  involve  us  soon,  in  a  naval 
war. 

I  shall  send  you  with  this,  if  I  can,  and  if  not,  then  by  the  first 
good  conveyance,  the  Connoissance  de  tems  for  the  years  1 786  and 
1787,  being  all  as  yet  published.  You  will  find  in  these  the  ta- 
bles for  the  planet  Herschel,  as  far  as  the  observations  hitherto 
made,  admit  them  to  be  calculated.  You  will  see,  also,  that  Her- 
schel was  only  the  first  astronomer  who  discovered  it  to  be  a  planet, 
and  not  the  first  who  saw  it.  Mayer  saw  it  in  the  year  1756,  and 
placed  it  in  the  catalogue  of  his  zodiacal  stars,  supposing  it  to 
be  such.  A  Prussian  astronomer,  in  the  year  1781,  observed  that 
the  964th  star  of  Mayer's  catalogue  was  missing  :  and  the  calcula- 


291 

Uons  now  prove  that  at  the  time  Mayer  saw  his  964th  star,  the 
planet  Herschel  should  have  been  precisely  in  the  place  where  he 
noted  that  star.  I  shall  send  you  also  a  little  publication  here, 
called  the  Bibliotheque  Physico-oeconomique.  It  will  communi- 
cate all  the  improvements  and  new  discoveries  in  the  arts  and 
sciences,  made  in  Europe  for  some  years  past.  I  shall  be  happy 
to  hear  from  you  often.  Details,  political  and  literary,  and  even 
of  the  small  history  of  our  country,  are  the  most  pleasing  commu- 
nications possible.  Present  me  affectionately  to  Mrs.  Page,  and 
to  your  family,  in  the  members  of  which,  though  unknown  to  me, 
I  feel  an  interest  on  account  of  their  parents.  Believe  me  to  be 
with  warm  esteem,  Dear  Page,  your  sincere  friend  and  servant, 

Th:  Jefferson. 


LETTER    XCVII. 

TO    JOHN    JAY. 

(Private.)  Paris,  August  23,  1785. 

Dear  Sir, 

I  shall  sometimes  ask  your  permission  to  write  you  letters,  not 
official,  but  private.  The  present  is  of  this  kind,  and  is  occasioned 
by  the  question  proposed  in  yours  of  June  the  14th;  *  whether  it 
would  be  useful  to  us,  to  carry  all  our  own  productions,  or  none  ? 

Were  we  perfectly  free  to  decide  this  question,  I  should  reason 
as  follows.  We  have  now  lands  enough  to  employ  an  infinite  num- 
ber of  people  in  their  cultivation.  Cultivators  of  the  earth  are  the 
most  valuable  citizens.  They  are  the  most  vigorous,  the  most  in- 
dependent, the  most  virtuous,  and  they  are  tied  to  theii  country, 
and  wedded  to  its  liberty  and  interests,  by  the  most  lasting  bonds. 
As  long,  therefore,  as  they  can  find  employment  in  this  line,  I 
would  not  convert  them  into  mariners,  artisans,  or  any  thing  else. 
But  our  citizens  will  find  employment  in  this  line,  till  their  numbers, 
and  of  course  their  productions,  become  too  great  for  the  demand 
both  internal  and  foreign.  This  is  not  the  case  as  yet,  and  proba- 
bly will  not  be  for  a  considerable  time.  As  soon  as  it  is,  the  sur- 
plus of  hands  must  be  turned  to  something  else.  I  should  then, 
perhaps,  wish  to  turn  them  to  the  sea  in  preference  to  manufac- 
tures ;  because,  comparing  the  characters  of  the  two  classes,  I  find 
the  former  the  most  valuable  citizens.  I  consider  the  class  of  ar- 
tificers as  the  panders  of  vice,  and  the  instruments  by  which  the 
liberties  of  a  country  are  generally  overturned.     However,  we  are 


292 

not  free  to  decide  this  question  on  principles  of  theory  only.  Our 
people  are  decided  in  tlie  opinion,  that  it  is  necessary  for  us  to 
take  a  share  in  the  occupation  of  the  ocean,  and  their  established 
habits  induce  them  to  require  that  the  sea  be  kept  open  to  them, 
and  that  that  line  of  policy  be  pursued,  which  will  render  the  use 
of  that  element  to  them,  as  great  as  possible.  I  think  it  a  duty  in 
those  entrusted  with  the  administration  of  their  affairs,  to  conform 
themselves  to  the  decided  choice  of  their  constituents:  and  that 
therefore,  we  should,  in  every  instance,  preserve  an  equality  of  right 
to  them  in  the  transportation  of  commodities,  in  the  right  of  fish- 
ing, and  in  the  other  uses  of  the  sea. 

But  what  will  be  the  consequence  ?  Frequent  wars  without  a 
doubt.  Their  property  will  be  violated  on  the  sea,  and  in  foreign 
ports,  their  persons  will  be  insulted,  imprisoned,  he.  for  pretended 
debts,  contracts,  crimes,  contraband,  &z,c.  he.  These  insults  must 
be  resented,  even  if  we  had  no  feelings,  yet  to  prevent  their  eter- 
nal repetition ;  or,  in  other  words,  our  commerce  on  the  ocean  and 
in  other  countries,  must  be  paid  for  by  frequent  war.  The  justest 
dispositions  possible  in  ourselves,  will  not  secure  us  against  it.  It 
would  be  necessary  that  all  other  nations  were  just  also.  Justice 
indeed,  on  our  part,  will  save  us  from  those  wars  which  would 
have  been  produced  by  a  contrary  disposition.  But  how  can  we 
prevent  those  produced  by  the  wrongs  of  other  nations?  By  put- 
ting ourselves  in  a  condition  to  punish  them.  Weakness  provokes 
insult  and  injury,  while  a  condition  to  punish,  often  prevents  them. 
This  reasoning  leads  to  the  necessity  of  some  naval  force  ;  that  be- 
ing the  only  weapon  with  which  we  can  reach  an  enemy.  I  think 
it  to  our  interest  to  punish  the  first  insult :  because,  an  insult  un- 
punished is  the  parent  of  many  others.  We  are  not,  at  this  mo- 
ment, in  a  condition  to  do  it,  but  we  should  put  ourselves  into  it,  as 
soon  as  possible.  If  a  war  with  England  should  take  place,  it 
seems  to  me  that  the  first  thing  necessary,  would  be  a  resolution 
to  abandon  the  carrying  trade,  because  we  cannot  protect  it. 
Foreign  nations  must,  in  that  case,  be  invited  to  bring  us  what  we 
want,  and  to  take  our  productions  in  their  own  bottoms.  This 
alone  could  prevent  the  loss  of  those  productions  to  us,  and  the 
acquisition  of  them  to  our  enemy.  Our  seamen  might  be  em- 
ployed in  depredations  on  their  trade.  But  how  dreadfully  we  shall 
suffer  on  our  coasts,  if  we  have  no  force  on  the  water,  former  ex- 
perience has  taught  us.  Indeed,  I  look  forward  with  horror  to 
the  very  possible  case  of  war  with  an  European  power,  and  think 
there  is  no  protection  against  them,  but  from  the  possession  of  some 
force  on  the  sea.  Our  vicinity  to  their  West  India  possessions, 
and  to  the  fisheries,  is  a  bridle  which  a  small  naval  force,  on  our 


293 

part,  would  hold  in  the  mouths  of  the  most  powerful  of  these 
countries.  I  hope  our  land  office  will  rid  us  of  our  debts,  and 
that  our  first  attention  then,  will  be,  to  the  beginning  a  naval  force 
of  some  sort.  This  alone  can  countenance  our  people  as  car- 
riers on  the  water,  and  I  suppose  them  to  be  determined  to  con- 
tinue such. 

I  wrote  you  two  public  letters  on  the  14th  instant,  since  which  I 
have  received  yours  of  July  tlie  13th.  I  shall  always  be  pleased 
to  receive  from  you,  in  a  private  way,  such  communications  as  you 
might  not  choose  to  put  into  a  public  letter. 

I  have  the  honor  to  be,  with  very  sincere  esteem.  Dear  Sir, 
your  most  obedient  humble  servant, 

Th:  Jefferson. 


LETTER    XCVIII. 

TO    COLONEL    MONROE. 

Paris,  August  28,  1785, 
Dear  Sir, 

I  wrote  you  on  the  5th  of  July,  by  Mr.  Franklin,  and  on  the 
12th  of  the  same  month,  by  Monsieur  Houdon.  Since  that  date, 
your's  of  June  the  1 6th,  by  Mr.  Mazzei,  has  been  received.  Every 
thing  looks  like  peace  here.  The  settlement  between  the  Empe- 
ror and  Dutch  is  not  yet  published,  but  it  is  believed  to  be  agreed 
on.  Nothing  is  done,  as  yet,  between  him  and  the  Porte.  He  is 
much  wounded  by  the  confederation  of  several  of  the  Germanic 
body,  at  the  head  of  which  is  the  King  of  Prussia,  and  to  which 
the  King  of  England,  as  Elector  of  Hanover,  is  believed  to  accede. 
The  object  is  to  preserve  the  constitution  of  that  empire.  It  shews 
that  these  princes  entertain  serious  jealousies  of  the  ambition  of 
the  Emperor,  and  this  will  very  much  endanger  the  election  of  his 
nephew  as  King  of  the  Romans.  A  late  Arret  of  this  court  against 
the  admission  of  British  manufactures,  produces  a  great  sensation 
in  England.  I  wish  it  may  produce  a  disposition  there  to  receive 
our  commerce  in  all  their  dominions,  on  advantageous  terms.  This 
is  the  only  balm  which  can  heal  the  wounds  that  it  has  received. 
It  is  but  too  true,  that  that  country  furnished  markets  for  three 
fourths  of  the  exports  of  the  eight  northern-most  States.  A  truth 
not  proper  to  be  spoken  of,  but  which  should  influence  our  pro- 
ceedings with  them. 

The  July  French  packet  having  arrived  without  bringing  any 
news  of  Mr.  Lambe,  if  the  English  one  of  the  same  month  be  also 


294 

arrived,  without  news  of  him,  I  expect  Mr.  Adams  will  concur  with 
me  in  sending  some  other  person  to  treat  with  the  Barbary  States. 
Mr.  Barclay  is  willing  to  go,  and  I  have  proposed  him  to  Mr.  Ad- 
ams, but  have  not  yet  received  his  answer.  The  peace  expected 
between  Spain  and  Algiers,  will  probably  not  take  place.  It  is  said, 
the  former  was  to  have  given  a  million  of  dollars.  Would  it  not 
be  prudent  to  send  a  minister  to  Portugal  ?  Our  commerce  with 
that  country  is  very  important;  perhaps  more  so  than  with  any 
other  country  in  Europe.  It  is  possible,  too,  that  they  might  per- 
mit our  whaling  vessels  to  refresh  in  Brazil,  or  give  some  other  in- 
dulgences in  America.  The  lethargic  character  of  their  ambas- 
sador here,  gives  a  very  unhopeful  aspect  to  a  treaty  on  this  ground. 
I  lately  spoke  with  him  on  the  subject,  and  he  has  promised  to 
interest  himself  in  obtaining  an  answer  from  his  court. 

I  have  waited  to  see  what  was  the  pleasure  of  Congress,  as  to 
the  secretaryship  of  my  office  here  5  that  is,  to  see  whether  they 
proposed  to  appoint  a  secretary  of  legation,  or  leave  me  to  appoint 
a  private  secretary.  Colonel  Humphreys'  occupation  in  the  dis- 
patches and  records  of  the  matters  which  relate  to  the  general 
commissions,  does  not  afford  him  leisure  to  aid  me  in  my  office, 
were  I  entitled  to  ask  that  aid.  In  the  mean  time,  the  long  papers 
which  often  accompany  the  communications  between  the  ministers 
here,  and  myself,  and  the  other  business  of  the  office,  absolutely 
require  a  scribe.  I  shall,  therefore,  on  Mr.  Short's  return  from 
the  Hague,  appoint  him  my  private  secretary,  till  Congress  shall 
think  proper  to  signify  their  pleasure.  The  salary  allowed  Mr. 
Franklin,  in  the  same  office,  was  one  thousand  dollars  a  year.  I 
shall  presume  that  Mr.  Short  may  draw  the  same  allowance  from 
the  funds  of  the  United  States,  here.  As  soon  as  I  shall  have  made 
this  appointment,  I  shall  give  official  notice  of  it  to  Mr.  Jay,  that 
Congress  may,  if  they  disapprove  it,  say  so. 

I  am  much  pleased  with  your  land  ordinance,  and  think  it  im- 
proved from  the  first,  in  the  most  material  circumstances.  I  had 
mistaken  the  object  of  the  division  of  the  lands  among  the  States. 
I  am  sanguine  in  my  expectations  of  lessening  our  debts  by  this 
fund,  and  have  expressed  my  expectations  to  the  minister  and 
others,  here.  I  see  by  the  public  papers,  you  have  adopted  the 
dollar  as  your  money  unit.  In  the  arrangement  of  coins  I  pro- 
posed, I  ought  to  have  inserted  a  gold  coin  of  five  dollars,  which, 
being  within  two  shillings  of  the  value  of  a  guinea,  would  be  very 
convenient. 

The  English  papers  are  so  incessantly  repeating  their  lies  about 
the  tumults,  the  anarchy,  the  bankruptcies  and  distresses  of  Ame- 
rica, that  these  ideas  prevail  very  generally  in  Europe.    At  a  large 


295 

table  where  I  dined  the  other  day,  a  gentleman  from  Switzerland 
expressed  his  apprehensions  for  the  fate  of  Dr.  Franklin,  as  he 
said  he  had  been  informed,  that  he  would  be  received  with  stones 
by  the  people,  who  were  generally  dissatisfied  with  the  Revolution, 
and  incensed  against  all  those  who  had  assisted  in  bringing  it  about. 
I  told  him  his  apprehensions  were  just,  and  that  the  people  of 
America,  would  probably  salute  Dr.  Franklin  with  the  same  stones 
they  had  thrown  at  the  Marquis  Fayette.  The  reception  of  the 
Doctor  is  an  object  of  very  general  attention,  and  will  weigh  m 
Europe,  as  an  evidence  of  tlie  satisfaction  or  dissatisfaction  of 
America,  with  their  Revolution.  As  you  are  to  be  in  Williamsburg 
early  in  November,  this  is  the  last  letter  I  shall  write  you  till  about 
that  time. 

I  am,  with  very  sincere  esteem.  Dear  Sir, 
your  friend  and  servant, 

Th:  Jefferson. 


LETTER   XCIX. 

TO    CAPTAIN    JOHN    PAUL   JONES. 

Paris,  August  29,  1785. 
Sir, 

I  received  this  moment  a  letter  from  the  Marechal  de  CastrieSy 
of  which  the  enclosed  is  a  copy.  Having  engaged  to  him  to  soli- 
cit orders  for  the  payment  of  any  part  of  this  money  due  to  French 
subjects,  to  be  made  here,  and  moreover  engaged  that,  in  the 
mean  time,  I  will  order  payment,  should  any  such  claimants  offer 
themselves  ;  I  pray  you  to  furnish  me  with  all  the  evidence  you 
can,  as  to  what  French  subjects  may  be  entitled  to  any  part  of  the 
monies  you  will  receive,  and  to  how  much,  each  of  them ;  and  also 
to  advise  me  by  what  means  I  can  obtain  a  certain  roll  of  all  such 
claimants. 

I  am,  Sir,  with  great  esteem, 

your  most  obedient  humble  servant, 

Th:  Jefferson. 


296 

LETTER    C. 

TO    JOHN    JAY. 

Paris,  August  30,  1785. 

Sir, 

I  had  the  honor  of  writing  to  you  on  the  14th  instant,  by  a  Mr. 
Cannon  of  Connecticut,  who  was  to  sail  in  the  packet.  Since 
that  date,  yours  of  July  the  13th  has  come  to  hand.  The  times 
for  the  sailing  of  the  packets  being  somewhat  deranged,  I  avail 
myself  of  a  conveyance  for  the  present,  by  the  Mr.  Fitzhughs  of 
Virginia,  who  expect  to  land  at  Philadelphia. 

I  enclose  you  a  correspondence  which  has  taken  place  between 
the  Marechal  de  Castries,  minister  of  the  Marine,  and  myself.  It 
is  on  the  subject  of  the  prize  money,  due  to  the  officers  and  crew 
of  the  Alliance,  for  prizes  taken  in  Europe,  under  the  command 
of  Captain  Jones.  That  officer  has  been  here,  under  the  direc- 
tion of  Congress,  near  two  years,  soliciting  the  liquidation  and 
payment  of  that  money.  Infinite  delays  had  retarded  the  liquida- 
tion till  the  month  of  June.  It  was  expected,  when  the  liquidation 
was  announced  to  be  completed,  that  the  money  was  to  be  re- 
ceived. The  M.  de  Castries  doubted  the  authority  of  Cap- 
tain Jones  to  receive  it,  and  wrote  to  me  for  information.  I  wrote 
him  the  letter  dated  July  the  10th,  which  seemed  to  clear  away 
that  difficulty.  Anotlier  arose.  A  Mr.  Puchilberg  presented 
powers  to  receive  the  money.  I  wrote,  then,  the  letter  of  August 
the  3rd,  and  received  that  of  the  M.  de  Castries,  of  August 
the  12th,  acknowledging  he  was  satisfied  as  to  this  difficulty,  but 
announcing  another ;  to  wit,  that  possibly  some  French  subjects 
might  have  been  on  board  the  Alliance,  and,  therefore  that  Captain 
Jones  ought  to  give  security  for  the  repayment  of  their  portions. 
Captain  Jones  had  before  told  me  there  was  not  a  Frenchman  on 
board  that  vessel,  but  the  captain.  I  inquired  of  Mr.  Barclay. 
He  told  me  he  was  satisfied  there  was  not  one.  Here  then,  was 
a  mere  possibility,  a  shadow  of  a  right,  opposed  to  a  certain,  to  a 
substantial  one  which  existed  in  the  mass  of  the  crew,  and  which 
was  likely  to  be  delayed ;  for  it  was  not  to  be  expected  that  Cap- 
tain Jones  could,  in  a  strange  country,  find  the  security  required. 
These  difficulties  I  suppose  to  have  been  conjured  up,  one  after 
another,  by  Mr.  Puchilberg,  who  wanted  to  get  hold  of  the  mo- 
ney. I  saw  but  one  way  to  cut  short  these  everlasting  delays, 
which  were  ruining  the  officer  soliciting  the  payment  of  the  money, 
and  keeping  our  seamen  out  of  what  they  had  hardly  fought  for, 


297 

years  ago.  This  was,  to  undertake  to  ask  an  order  from  Con- 
gress, for  the  payment  of  any  French  claimants  by  their  banker  in 
Paris  ;  and,  in  the  mean  time,  to  undertake  to  order  such  payment, 
should  any  such  claimant  prove  his  title,  before  the  pleasure  of 
Congress  should  be  made  known  to  me.  I  consulted  with  Mr. 
Barclay,  who  seemed  satisfied  I  might  venture  this  undertakmg, 
because  no  such  claim  could  be  presented.  I  therefore  wrote  the 
letter  of  August  the  17th,  and  received  that  of  August  the  26th, 
finally  closing  this  tedious  business.  Should  what  I  have  done, 
not  meet  the  approbation  of  Congress,  I  would  pray  their  immediate 
sense,  because  it  is  not  probable  that  the  whole  of  this  money  will 
be  paid  so  hastily,  but  that  their  orders  may  arrive  in  time,  to  stop 
a  sufficiency  for  any  French  claimants  who  may  possibly  exist. 
The  following  paragraph  of  a  letter  from  Captain  Jones,  dated 
L'Orient,  August  the  25th,  1785,  further  satisfies  me,  that  my  un- 
dertaking amounted  to  nothing  in  fact.  He  says,  *  It  is  irnpossible 
that  any  legal  demands  should  be  made  on  you  for  French  subjects, 
in  consequence  of  your  engagement  to  the  Marechal.  The  Alli- 
ance was  manned  in  America,  and  I  never  heard  of  any  persons 
having  served  on  board  that  frigate,  who  had  been  born  in  France, 
except  the  captain,  who,  as  I  was  informed,  had,  in  America,  ab- 
jured the  church  of  Rome,  and  been  naturalized.'  Should  Con- 
gress approve  what  I  have  done,  I  will  then  ask  their  resolution 
for  the  payment,  by  their  banker  here,  of  any  such  claims  as  may 
be  properly  authenticated,  and  will  moreover  pray  of  you  an  au- 
thentic roll  of  the  crew  of  the  Alliance,  with  the  sums  to  be  al- 
lowed to  each  person;  on  the  subject  of  which  roll.  Captain  Jones, 
in  the  letter  above  mentioned,  says,  '  I  carried  a  set  of  the  rolls 
with  me  to  America,  and  before  I  embarked  in  the  French  fleet  at 
Boston,  I  put  them  into  the  hands  of  Mr.  Secretary  Livingston, 
and  they  were  sealed  up  among  the  papers  of  his  office,  when  I 
left  America.'  I  think  it  possible  that  Mr.  Puchilberg  may  excite 
claims.  Should  any  name  be  offered  which  shall  not  be  found  on 
the  roll,  it  will  be  a  sufficient  disproof  of  the  pretension.  Should 
it  be  found  on  the  roll,  it  will  remain  to  prove  the  identity  of  per- 
son, and  to  inquire  if  payment  may  not  have  been  made  in  Ame- 
rica. I  conjecture,  from  the  journals  of  Congress  of  June  the  2nd, 
that  Landais,  who,  I  believe,  was  the  captain,  may  be  in  America. 
As  his  portion  of  prize  money  may  be  considerable,  I  hope  it  will 
be  settled  in  America,  where  only  it  can  be  known  whether  any 
advances  have  been  made  him. 

The  person  at  the  head  of  the  post  office  here,  says,  he  pro- 
posed to  Dr.  Franklin  a  convention  to  facilitate  the  passage  of  let- 
ters through  their  office  and  ours,  and  that  he  delivered  a  draught 
VOL.  I.  38 


298 

of  the  convention  proposed,  that  it  might  be  sent  to  Congress.  I 
think  it  possible  he  may  be  mistaken  in  this,  as,  on  my  mentioning 
it  to  Dr.  Franklin,  he  did  not  recollect  any  such  draught  having 
been  put  into  his  hands.  An  answer,  however,  is  expected  by 
them.  I  mention  it,  that  Congress  may  decide  whether  they  will 
make  any  convention  on  the  subject,  and  on  what  principle.  The 
one  proposed  here,  was,  that  for  letters  passing  hence  into  Ame- 
rica, the  French  postage  should  be  collected  by  our  post  officers, 
and  paid  every  six  months,  and  for  letters  coming  from  America 
here,  the  American  postage  should  be  collected  by  the  post  offi- 
cers here,  and  paid  to  us  in  like  manner.  A  second  plan,  how- 
ever, presents  itself;  that  is,  to  suppose  the  sums  to  be  thus  col- 
lected, on  each  side,  will  be  equal,  or  so  nearly  equal,  that  the 
balance  will  not  pay  for  the  trouble  of  keeping  accounts,  and  for 
the  little  bickerings  that  the  settlement  of  accounts,  and  demands 
of  the  balances,  may  occasion :  and  therefore,  to  make  an  exchange 
of  postage.  This  would  better  secure  our  harmony ;  but  I  do  not 
know  that  it  would  be  agreed  to  here.  If  not,  the  other  might 
then  be  agreed  to. 

I  have  waited  hitherto,  supposing  that  Congress  might,  possibly, 
appoint  a  secretary  to  the  legation  here,  or  signify  their  pleasure 
that  I  should  appoint  a  private  secretary,  to  aid  me  in  my  office. 
The  communications  between  the  ministers  and  myself,  requiring 
often  that  many  and  long  papers  should  be  copied,  and  that,  in  a 
shorter  time  than  could  be  done  by  myself,  were  I  otherwise  un- 
occupied, other  correspondences  and  proceedings,  of  all  which 
copies  must  be  retained,  and  still  more  the  necessity  of  having 
some  confidential  person,  who,  in  case  of  any  accident  to  myself, 
might  be  authorised  to  take  possession  of  the  instructions,  letters, 
and  other  papers  of  the  office,  have  rendered  it  absolutely  neces- 
sary for  me  to  appoint  a  private  secretary.  Colonel  Humphreys 
finds  full  occupation,  and  often  more  than  he  can  do,  in  writing 
and  recording  the  despatches  and  proceedings  of  the  general  com- 
missions." I  shall,  therefore,  appoint  Mr.  Short,  on  his  return  from 
the  Hague,  with  an  express  condition,  that  the  appointment  shall 
cease  whenever  Congress  shall  think  proper  to  make  any  other 
arrangement.  He  will,  of  course,  expect  the  allowance  hereto- 
fore made  to  the  private  secretaries  of  the  ministers,  which,  I  be- 
lieve has  been  a  thousand  dollars  a  year. 

An  improvement  is  made  here  in  the  construction  of  muskets, 
which  it  may  be  interesting  to  Congress  to  know,  should  they  at 
any  time  propose  to  procure  any.  It  consists  in  the  making  every 
part  of  them  so  exactly  alike,  that  what  belongs  to  any  one,  may 
be  used  for  every  other  musket  in  the  magazine.     The  govern- 


299 

ment  here,  has  examined  and  approved  the  method,  and  is  estab- 
lishing a  large  manufactory  for  the  purpose  of  putting  it  into  exe- 
cution. As  yet,  the  inventor  has  only  completed  the  lock  of  the 
musket,  on  this  plan.  He  will  proceed  immediately  to  have  the 
barrel,  stock,  and  their  parts,  executed  in  the  same  v^^ay.  Sup- 
posing it  might  be  useful  to  the  United  States,  I  went  to  the 
workman.  He  presented  me  the  parts  of  fifty  locks  taken  to 
pieces,  and  arranged  in  compartments.  I  put  several  together 
myself,  taking  pieces  at  hazard  as  they  came  to  hand,  and  they 
fitted  in  the  most  perfect  manner.  The  advantages  of  this,  when 
arms  need  repair,  are  evident.  He  eiFects  it  by  tools  of  his  own 
contrivance,  which,  at  the  same  time,  abridge  the  work,  so  that 
he  thinks  he  shall  be  able  to  furnish  the  musket,  two  livres  cheaper 
than  the  common  price.  But  it  will  be  two  or  three  years  before 
he  will  be  able  to  furnish  any  quantity.  I  mention  it  now,  as  it 
may  have  an  influence  on  the  plan  for  furnishing  our  magazines 
with  this  arm. 

Every  thing  in  Europe  remains  as  when  I  wrote  you  last.  The 
peace  between  Spain  and  Algiers  has  the  appearance  of  being 
broken  off.  The  French  packet  having  arrived  without  Mr. 
Lambe,  or  any  news  of  him,  I  await  Mr.  Adams's  acceding  to  the 
proposition  mentioned  in  my  last.  I  send  you  the  Gazettes  of 
Leyden  and  France,  to  this  date,  and  have  the  honor  to  be,  with 
the  highest  respect  and  esteem.  Sir, 

your  most  obedient  humble  servant, 

Th:  Jefferson. 


LETTER  CI. 

TO    JAMES    MADISON. 

Paris,  September  1, 1785. 
Dear  Sir, 

My  last  to  you  by  Monsieur  de  Doradour,  was  dated  May  the 
11th.  Since  that,  I  have  received  yours  of  January  the  22nd, 
with  six  copies  of  the  revisal,  and  that  of  April  the  27th,  by  Mr. 
Mazzei. 

All  is  quiet  here.  The  Emperor  and  Dutch  have  certainly  agreed, 
though  they  have  not  published  their  agreement.  Most  of  his 
schemes  in  Germany  must  be  postponed,  if  they  are  not  prevent- 
ed, by  the  confederacy  of  many  of  tlie  Germanic  body,  at  the 
head  of  which  is  the  King  of  Prussia,  and  to  which  the  Elector  of 
Hanover  is  supposed  to  have  acceded.    The  object  of  the  league 


300 

is  to  preserve  the  members  of  tlie  empire  in  their  present  state. 
I  doubt  whether  the  jealousy  entertained  of  this  prince,  and  which 
is  so  fully  evidenced  by  this  league,  may  not  defeat  the  election  of 
his  nephew  to  be  King  of  the  Romans,  and  thus  produce  an  in- 
stance of  breaking  the  lineal  succession.  Nothing  is  as  yet  done 
between  him  and  the  Turks.  If  any  thing  is  produced  in  that 
quarter,  it  will  not  be  for  this  year.  The  court  of  Madrid  has  ob- 
tained the  delivery  of  the  crew  of  the  brig  Betsey,  taken  by  the 
Emperor  of  Morocco.  The  Emperor  had  treated  them  kindly, 
new  clothed  them,  and  delivered  them  to  the  Spanish  minister, 
who  sent  them  to  Cadiz.  This  is  the  only  American  vessel  ever 
taken  by  the  Barbary  States.  The  Emperor  continues  to  give 
proofs  of  his  desire  to  be  in  friendship  with  us,  or,  in  other  words, 
of  receiving  us  into  the  number  of  his  tributaries.  Nothing  further 
need  be  feared  from  him.  I  wish  the  Algerines  may  be  as  easily 
dealt  with.  I  fancy  the  peace  expected  between  them  and  Spain, 
is  not  likely  to  take  place.  I  am  well  informed  that  the  late  pro- 
ceedings in  America,  have  produced  a  wonderful  sensation  in 
England  in  our  favor.  I  mean  the  disposition  which  seems  to  be 
becoming  general,  to  invest  Congress  with  the  regulation  of  our 
commerce,  and,  in  the  mean  time,  the  measures  taken  to  defeat 
the  avidity  of  the  British  government,  grasping  at  our  carrying 
business.  I  can  add  with  truth,  that  it  was  not  till  these  symptoms 
appeared  in  America,  that  I  have  been  able  to  discover  the  small- 
est token  of  respect  towards  the  United  States,  in  any  part  of 
Europe.  There  was  an  enthusiasm  towards  us,  all  over  Europe, 
at  the  moment  of  the  peace.  The  torrent  of  lies  published  unre- 
mittingly, in  every  day's  London  paper,  first  made  an  impression, 
and  produced  a  coolness.  The  republication  of  these  lies  in  most 
of  the  papers  of  Europe,  (done  probably  by  authority  of  the  go- 
vernments, to  discourage  emigrations)  carried  them  home  to  the 
belief  of  every  mind.  They  supposed  every  thing  in  America 
was  anarchy,  tumult,  and  civil  war.  The  reception  of  the  Mar- 
quis Fayette  gave  a  check  to  these  ideas.  The  late  proceedings 
seem  to  be  producing  a  decisive  vibration  in  our  favor.  I  think  it 
possible  that  England  may  ply  before  them.  It  is  a  nation  which 
nothing  but  views  of  interest  can  govern.  If  they  produce  us 
good  there,  they  will  here  also.  The  defeat  of  the  Irish  proposi- 
tions is  also  in  our  favor. 

I  have  at  length  made  up  the  purchase  of  books  for  you,  as  far 
as  it  can  be  done  at  present.  The  objects  which  I  have  not  yet 
been  able  to  get,  I  shall  continue  to  seek  for.  Those  purchased, 
are  packed  this  morning  in  two  trunks,  and  you  have  the  catalogue 
and  prices  herein  enclosed.  The  future  charges  of  transportation 
shall  be  carried  into  the  next  bill.     The  amount  of  the  present  is 


301 

1154  livres  13  sous,  which,  reckoning  the  French  crown  of  six 
livres  at  six  shillings  and  eight  pence,  Virginia  money,  is  £64,  2s. 
which  sum  you  will  be  so  good  as  to  keep  in  your  hands,  to  be 
used  occasionally  in  the  education  of  my  nephews,  when  the  regu- 
lar resources  disappoint  you.  To  the  same  use  I  would  pray  you  to 
apply  twenty-five  guineas,  which  I  have  lent  the  two  Mr.  Fitzhughs 
of  Marmion,  and  which  I  have  desired  them  to  repay  into  your 
hands.  You  will  of  course  deduct  the  price  of  the  revisals,  and 
of  any  other  articles  you  may  have  been  so  kind  as  to  pay  for  me. 
Greek  and  Roman  authors  are  dearer  here,  than,  I  believe,  any 
where  in  the  world.  Nobody  here  reads  them  ;  wherefore  they  are 
not  reprinted.  Don  Ulloa,  in  the  original,  is  not  to  be  found. 
The  collection  of  tracts  on  the  economies  of  different  nations,  we 
cannot  find  ;  nor  Amelot's  travels  into  China.  I  shall  send  these 
two  trunks  of  books  to  Havre,  there  to  wait  a  conveyance  to  Ame- 
rica ;  for  as  to  the  fixing  the  packets  there,  it  is  as  uncertain  as 
ever.  The  other  articles  you  mention,  shall  be  procured  as  far  as 
they  can  be.  Knowing  that  some  of  tliem  would  be  better  got  in 
London,  I  commissioned  Mr.  Short,  who  was  going  there,  to  get 
them.  He  has  not  yet  returned.  Ihey  will  be  of  such  a  nature, 
as  that  I  can  get  some  geritleman  who  may  be  going  to  America, 
to  take  them  in  his  portmanteau.  Le  Maire  being  now  able  to 
stand  on  his  own  legs,  there  will  be  no  necessity  for  your  advanc- 
ing him  the  money  I  desired,  if  it  is  not  already  done.  I  am  anx- 
ious to  hear  from  you  on  the  subject  of  my  Notes  on  Virginia.  I 
have  been  obliged  to  give  so  many  of  them  here,  that  I  fear  their 
getting  published.  I  have  received  an  application  from  the  Direc- 
tors of  tlie  public  buildings,  to  procure  them  a  plan  for  their  capi- 
tol.  I  shall  send  them  one  taketi  from  the  best  morsel  of  antient 
architecture  now  remaining.  It  has  obtained  the  approbation  of 
fifteen  or  sixteen  centuries,  and  is,  therefore,  preferable  to  any 
design  which  might  be  newly  contrived.  It  will  give  more  room, 
be  more  convenient,  and  cost  less,  than  the  plan  they  sent  me. 
Pray  encourage  them  to  wait  for  it,  and  to  execute  it.  It  will  be 
superior  in  beauty  to  any  thing  in  America,  and  not  inferior  to  any 
thing  in  the  world.  It  is  very  simple.  Have  you  a  copying 
press?  If  you  have  not,  you  should  get  one.  Mine  (exclusive 
of  paper  which  costs  a  guinea  a  ream)  has  cost  me  about  fourteen 
guineas.  I  would  give  ten  times  that  sum,  to  have  had  it  from  the 
date  of  the  stamp  act.  I  hope  you  will  be  so  good  as  to  continue 
your  communications,  both  of  the  great  and  small  kind,  which  are 
equally  useful  to  me.  Be  assured  of  the  sincerity  with  which  I 
am,  Dear  Sir, 

your  friend  and  servant, 

Th:  Jefferson. 


302 

LETTER  CII. 

TO    MESSRS.    DUMAS    AND    SHORT; 

Paris,  September  1,  1785. 
Gentlemen, 

I  have  been  duly  honored  with  the  receipt  of  your  separate  let- 
ters, of  August  23rd,  and  should  sooner  have  returned  an  answer, 
but  that  as  you  had  written  also  to  Mr.  Adams,  I  thought  it  pos- 
sible I  might  receive  his  sentiments  on  the  subject,  in  time  for  the 
post.  Not  thinking  it  proper  to  lose  the  occasion  of  the  post,  I 
have  concluded  to  communicate  to  you  my  separate  sentiments, 
which  you  will  of  course  pay  attention  to,  only  so  far  as  they  may 
concur  with  what  you  shall  receive  from  Mr.  Adams. 

On  a  review  of  our  letters  to  the  Baron  de  Thulemeyer,  I  do 
not  find  that  we  had  proposed  that  the  treaty  should  be  in  two  co- 
lumns, the  one  English,  and  the  other  what  he  should  think  proper. 
We  certainly  intended  to  hav^proposed  it.  We  had  agreed  together, 
that  it  should  be  an  article  of  system  with  us,  and  the  omission  of 
it,  in  this  instance,  has  been  accidental.  My  own  opinion,  there- 
fore, is,  that  to  avoid  the  appearance  of  urging  new  propositions 
when  every  thing  appeared  to  be  arranged,  we  should  agree  to 
consider  the  French  column  as  the  original,  if  the  Baron  de  Thu- 
lemeyer thinks  himself  bound  to  insist  on  it :  but  if  the  practice  of 
his  court  will  admit  of  the  execution  in  the  two  languages,  each  to 
be  considered  as  equally  original,  it  would  be  very  pleasing  to  me, 
as  it  will  accommodate  it  to  our  vi6ws,  relieve  us  from  tlie  embar- 
rassment of  this  precedent,  which  may  be  urged  against  us  on  other 
occasions,  and  be  more  agreeable  to  our  country,  where  the  French 
language  is  spoken  by  very  few.  This  method  will  be  also  attend- 
ed with  the  advantage,  that  if  any  expression  in  any  part  of  the 
treaty  is  equivocal  in  the  one  language,  its  true  sense  will  be  known 
by  the  corresponding  passage  in  the  other. 

The  errors  of  the  copyist,  in  the  French  column,  you  will  cor- 
rect of  course. 

I  have  the  honor  to  be,  with  very  high  esteem.  Gentlemen, 
your  most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


303 

LETTER   ClII. 

TO    JOHN    ADAMS. 

Paris,  September  4,  1785. 
Dear  Sir, 

On  receipt  of  your  favors  of  August  the  18th  and  23rd,  I  con- 
ferred with  Mr.  Barclay  on  the  measures  necessary  to  be  taken, 
to  set  our  treaty  with  the  piratical  States  into  motion,  through  his 
agency.  Supposing  that  we  should  begin  witli  the  Emperor  of 
Morocco,  a  letter  to  the  Emperor  and  instructions  to  Mr.  Barclay,  . 
seemed  necessary.  I  have  therefore  sketched  such  outlines  for 
these,  as  appear  to  me  to  be  proper.  You  will  be  so  good  as  to 
detract,' add  to,  or  alter  them  as  you  please,  to  return  such  as  you 
approve  under  your  signature,  to  which  I  will  add  mine.  A  person 
understanding  English,  French  and  Itahan,  and  at  the  same  time 
meriting  confidence,  was  riot  to  be  met  with  here.  Colonel  Franks, 
understanding  the  two  first  languages  perfectly,  and  a  little  Spanish 
instead  of  Italian,  occurred  to  Mr.  Barclay  as  the  fittest  person  he 
could  employ  for  a  secretary.  We  think  his  allowance  (exclusive 
of  his  travelling  expenses  and  his  board,  which  will  be  paid  by  Mr. 
Barclay  in  common  with  his  own)  should  be  between  one  hundred, 
and  one  hundred  and  fifty  guineas  a  year.  Fix  it  where  you 
please,  between  these  limits.  What  is  said  in  the  instructions  to 
Mr.  Barclay,  as  to  his  ow^n  allowance,  was  proposed  by  himself. 
My  idea  as  to  the  partition  of  the  whole  sum  to  which  we  are 
limited,  (eighty  thousand  dollars)  was,  that  one  half  of  it  should  be 
kept  in  reserve  for  the  Algerines.  They  certainly  possess  more 
than  half  of  the  whole  power  of  the  piratical  States.  I  thought  * 
then,  that  Morocco  might  claim  the  half  of  the  remainder,  that  is 
to  say,  one  fourth  of  the  whole.  For  this  reason,  in  the  insti'uc-* 
tions,  I  propose  twenty  thousand  dollars  as  the  limit  of  the  ex- 
penses of  the  Morocco  treaty.  Be  so  good  as  to  think  of  it,  and 
make  it  what  you  please.  I  should  be  more  disposed  to  enlarge 
than  abridge  it,  on  account  of  their  neighborhood  to  our  Atlantic 
trade.  I  did  not  thyik  that  tliese  papers  should  be  trusted  dirough 
the  post  office,  and  therefore,  as  Colonel  Franks  is  engaged  in 
the  business,  he  comes  with  them.  Passing  by  the  diligence,  the 
w^hole  expense  will  not  exceed  twelve  or  fourteen  guineas.  I  sup- 
pose we  are  bound  to  avail  ourselves  of  the  co-operation  of  France. 
I  will  join  you,  therefore,  in  any  letter  you  think  proper  to  write 
to  tlie  Count  de  Vergennes.  Would  you  think  it  expedient  to 
write  to  Mr.  Carmichael,  to  interest  the  interposition  of  the  Spanish 


304 

court?  I  will  join- you  in  any  thing  of  tliis  kind  you  will  originate. 
In  short,  be  so  good  as  to  supply  whatever  you  may  think  neces- 
sary. With  respect  to  the  money,  Mr.  Jay's  information  to  you 
was,  that  it  was  to  be  drawn  from  Holland.  It  will  rest  therefore 
with  you,  to  avail  Mr.  Barclay  of  that  fund,  either  by  your  draft, 
or  by  a  letter  of  credit  to  the  bankers  in  his  favor,  to  the  necessary 
amount.  I  imagine  the  Dutch  consul  at  Morocco  may  be  render- 
ed an  useful  character,  in  the  remittances  of  money  to  Mr.  Barclay, 
while  at  Morocco. 

You  were  apprised,  by  a  letter  from  Mr.  Short,  of  the  delay 
which  had  arisen  in  the  execution  of  the  treaty  with  Prussia.  I 
wrote  a  separate  letter,  of  which  I  enclose  you  a  copy,  hoping  it 
would  meet  one  from  you,  and  set  them  again  into  motion. 

I  have  the  honor  to  be,  with  the  highest  respect.  Dear  Sir, 
your  most  obedient 

and  most  humble  servant, 

Th:  Jefferson. 


[The  following  are  the  sketches  of  the  letter  to  the  Emperor  of 
Morocco,  and  of  the  instructions  to  Mr.  Barclay,  referred  to  in  the 
preceding,  letter.] 

Heads  for  a  letter  to  the  Emperor  of  Morocco. 

That  the  United  States  of  America,  heretofore  connected  in 
government  with  Great  Britain,  had  found  it  necessary  for  their 
happiness  to  separate  from  her,  and  to  assume  an  independent 
station. 

That,  consisting  of  a  number  of  separate  States,  they  had  con- 
federated together,  and  placed  the  sovereignty  of  the  whole,  in 
^matters  relating  to  foreign  nations,  in  a  body  consisting  of  dele- 
gates from  every  State,  and  called  the  Congress  of  tlie  United 
States. 

That  Great  Britain  had  solemnly  confirmed  their  separation,  and 
acknowledged  their  independence. 

That  after  the  conclusion  of  the  peace,  which  terminated  the 
war  in  which  they  had  been  engaged  for  the  establishment  of  their 
independence,  the  first  attentions  of  Congress  were  necessarily 
engrossed  by  the  re-establishment  of  order  and  regular  govern- 
ment. 

That  they  had,  as  soon  as  possible,  turned  their  attention  to  for- 
eign nations,  and,  desirous  of  entering  into  amity  and  commerce 
with  them,  had  been  pleased  to  appoint  us,  with  Dr.   Benjamin 


305 

Franklin,  to  execute  such  treaties  for  this  purpose,  as  should  be 
agreed  on  by  such  nations,  with  us,  or  any  two  of  us. 

That  Dr.  Franklin  having  found  it  necessary  to  return  to  Ame- 
rica, the  execution  of  these  several  commissions  had  devolved  on  us. 

That  being  placed  as  Ministers  Plenipotentiary  for  the  United 
States  at  the  courts  of  England  and  France ;  this  circumstance, 
with  the  commissions  with  which  we  are  charged  for  entering  into 
treaties  with  various  other  nations,  puts  it  out  of  our  power  to  at- 
tend at  the  other  courts  in  person,  and  obliges  us  to  negotiate  by 
the  intervention  of  confidential  persons. 

That,  respecting  the  friendly  dispositions  shewn  by  his  Majesty, 
the  Emperor  of  Morocco,  towards  the  United  States,  and  indulg- 
ing the  desire  of  forming  a  connection  with  a  sovereign,  so  re- 
nowned for  his  power,  his  wisdom,  and  his  justice,  we  had  embraced 
the  first  moment  possible,  of  assuring  him  of  these  the  sentiments 
of  our  country  and  of  ourselves,  and  of  expressing  to  him  our  wishes 
to  enter  into  a  connection  of  friendship  and  commerce  with  him. 

That  for  this  purpose,  we  had  commissioned  the  bearer  hereof, 
Thomas  Barclay,  a  person  in  the  highest  confidence  of  the  Con- 
gress of  the  United  States,  and  as  such,  having  been  several  years, 
and  still  being  their  consul  general  with  our  great  and  good  friend 
and  ally,  the  King  of  France,  to  arrange  with  his  Majesty  the  Em- 
peror, those  conditions  which  it  might  be  advantageous  for  both 
nations  to  adopt,  for  the  regulation  of  their  cotnmerce,  and  their 
mutual  conduct  towards  each  other. 

That  we  deliver  to  him  a  copy  of  the  full  powers  with  which  we 
are  invested,  to  conclude  a  treaty  with  his  Majesty,  which  copy 
^e  is  instructed  to  present  to  his  Majesty. 

That  though  by  these,  we  are  not  authorised  to  delegate  to  him 
the  power  of  ultimately  signing  tlie  treaty,  yet  such  is  our  reliance 
on  his  wisdom,  his  integrity,  and  his  attention  to  the  instructions 
with  which  he  is  charged,  that  we  assure  his  Majesty,  the  con»- 
ditions  which  he  shall  arrange  and  send  to  us,  shall  be  returned' 
with  our  signature,  in  order  to  receive  that  of  the  person  whom 
his  Majesty  shall  commission  for  the  same  purpose. 

Heads  of  instructions  to  Mr.  Barclay. 

Congress  having  been  pleased  to  invest  us  with  full  powers  for 
entering  into  a  treaty  of  amity  and  alliance  with  the  Emperor  of 
Morocco,  and  it  being  impracticable  for  us  to  attend  his  court  in 
person,  and  equally  impracticable,  on  account  of  our  separate  sta- 
tions, to  receive  a  minister  from  him,  we  have  concluded  to  effect 
our  object  by  the  intervention  of  a  confidential  person.  We  concur 
VOL.  I.  39 


306 

in  wishing  to  avail  the  United  States  of  your  talents  in  the  execu- 
tion of  this  business,  and  therefore  furnish  you  with  a  letter  to  the 
Emperor  of  Morocco,  to  give  due  credit  to  your  transactions  with 
him. 

We  advise  you  to  proceed  by  the  way  of  Madrid,  where  you 
will  have  opportunities  of  deriving  many  lights  from  Mr.  Carmi- 
chael,  through  whom,  many  communications  with  the  court  of  Mo- 
rocco have  already  passed. 

From  thence  you  will  proceed,  by  such  route  as  you  shall  think 
best,  to  the  court  of  the  Emperor. 

You  will  present  to  him  our  letter,  with  the  copy  of  our  full 
powers,  with  which  you  are  furnished,  at  such  time  or  times,  and 
in  such  manner,  as  you  shall  find  best. 

You  will  proceed  to  negotiate  with  his  minister,  the  terms  of  a 
treaty  of  amity  and  commerce,  as  nearly  conformed  as  possible  to 
the  draught  we  give  you.  Where  alterations,  which,  in  your  opi- 
nion, shall  not  be  of  great  importance,  shall  be  urged  by  the  other 
party,  you  are  at  liberty  to  agree  to  them.  Where  they  shall  be  of 
great  importance,  and  such  as  you  think  should  be  rejected,  you 
will  reject  them  :  but  where  they  are  of  great  importance,  and 
you  think  they  may  be  accepted,  you  will  ask  time  to  take  our  ad- 
vice, and  will  advise  with  us  accordingly,  by  letter  or  by  courier, 
as  you  shall  think  best.  When  the  articles  shall  all  be  agreed,  you 
will  send  them  to  us  by  some,  prnpp.r  person,  for  our  signature. 

The  whole  expense  of  this  treaty,  including  as  well  the  expenses 
of  all  persons  employed  about  it,  as  the  presents  to  the  Emperor 
and  his  servants,  must  not  exceed  twenty  thousand  dollars :  and 
we  urge  you  to  use  your  best  endeavors,  to  bring  it  as  much 
below  that  sum  as  you  possibly  can.  As  custom  may  have  render- 
ed some  presents  necessary  in  the  beginning  or  progress  of  this 
business,  and  before  it  is  concluded,  or  even  in  a  wayto  be  con^ 
eluded,  we  authorise  you  to  conform  to  the  custom,  confiding  in 
your  discretion  to  hazard  as  litde  as  possible,  before  a  certainty  of 
the  event.  We  trust  to  you  also  to  procure  the  best  information, 
as  to  what  persons,  and  in  what  form,  these  presents  should  be  made, 
and  to  make  them  accordingly. 

The  difference  between  the  customs  of  that  and  other  courts, 
the  difficulty  of  obtaining  a  knowledge  of  those  customs,  but  on  the 
spot,  and  our  great  confidence  in  your  discretion,  induce  usto  leaVe 
to  that,  all  other  circumstances  relative  to  the  object  of  your  mis- 
sion. It  will  be  necessary  for  you  to  take  a  secretary,  w^ell  skilled 
in  the  French  language,  to  aid  you  in  your  business,  and  to  take 
charge  of  your  papers  in  case  of  any  accident  to  yourself.  We 
think  you  may  allow  him guineas  a  year,  besides  his  ex- 


307 

penses  for  travelling  and  subsistence.  We  engage  to  furnish  your 
own  expenses,  'according  to  the  respectability  of  the  character  with 
which  you  are  invested,  but  as  to  tlie  allowance  for  your  trouble, 
we  wish  to  leave  it  to  Congress.  We  annex  hereto  sundry  heads 
of  inquiry  which  we  wish  you  to  make,  and  to  give  us  thereon  the 
best  information  you  shall  be  able  to  obtain.  We  desire  you  to 
correspond  with  us  by  every  opportunity  which  you  think  should 
be  trusted,  giving  us,  from  time  to  time,  an  account  of  your  pro- 
ceedings and  prospects. 

Heads  of  inquiry  for  Mr,  Barclay,  as  to  Morocco. 

1.  Commerce.  What  are  the  articles  of  their  export  and  im- 
port ?  What  duties  are  levied  by  them  on  exports  and  imports  ? 
Do  all  nations  pay  the  same,  or  what  nations  are  favored,  and  how 
far  ?  Are  they,  their  own  carriers,  or  who  carries  for  them  ?  Do 
they  trade  themselves  to  other  countries,  or  are  they  merely  pas- 
sive ? 

2.  Ports.  What  are  their  principal  ports  ?  What  depth  of  wa- 
ter in  them  ?    What  works  of  defence  protect  these  ports  ? 

3.  Naval  force.  How  many  armed  vessels  have  they  ?  Of  what 
kind  and  force  ?  What  is  the  constitution  of  their  naval  force  ? 
What  resources  for  increasing  their  navy  ?  What  number  of  sea- 
men ?    Their  cruising  grounds,  and  seasons  of  cruising  ? 

4.  Prisoners.*  What  is  their  condition  and  treatment  ?  At  wbat 
price  are  they  ordinarily  redeemed,  and  how? 

Do  they  pay  respect  to  the  treaties  they  make  ? 

Land  forces.     Their  numbers,  constitution  and  respectability? 

Revenues.     Their  amount. 

Coins.     What  coins  pass  there,  and  at  what  rates  ? 


LETTER    CIV. 

TO    DAVID    HARTLEY. 

Paris,  September  5,  1785. 
Dear  Sir, 

Your  favor  of  April  the  15th,  happened  to  be  put  into  my  hands 
at  the  same  time  with  a  large  parcel  of  letters  from  America, 
which  contained  a  variety  of  intelligence.  It  was  then  put  where 
I  usually  place  my  unanswered  letters  ;  and  I,  from  time  to  time, 
put  off  acknowledging  the  receipt  of  it,  till  I  should  be  able  to 


308 

furnish  you  American  intelligence  worth  communicating.  A  fa- 
vorable opportunity,  by  a  courier,  of  writing  to  you,  occurring  this 
morning,  what  has  been  my  astonishment  and  chagrin  on  reading 
your  letter  again,  to  find  there  was  a  case  in  it  which  required  an 
immediate  answer,  but  which,  by  the  variety  of  matters  which 
happened  to  be  presented  to  my  mind,  at  the  same  time,  had  ut- 
terly escaped  my  recollection.  I  pray  you  to  be  assured,  that 
nothing  but  this  slip  of  memory  would  have  prevented  my  imme- 
diate answer,  and  no  other  circumstance  would  have  prevented  its 
making  such  an  impression  on  my  mind,  as  that  it  could  not  have 
escaped.  I  hope  you  will  therefore  obliterate  the  imputation  of 
want  of  respect,  which,  under  actual  appearances,  must  have  arisen 
in  your  mind,  but  which  would  refer  to  an  untrue  cause,  the  occa- 
sion of  my  silence.  I  am  not  sufficiently  acquainted  with  the  pro- 
ceedings of  the  New  York  Assembly,  to  say,  with  certainty,  in 
what  predicament  the  lands  of  3Ir.  Upton  may  stand.  But  on 
conferring  with  Colonel  Humphreys,  who,  being  from  the  neigh- 
boring State,  was  more  in  the  way  of  knowing  what  passed  in 
New  York,  he  thinks  that  the  descriptions  in  their  confiscation  laws 
were  siich,  as  not  to  include  a  case  of  this  nature.  The  first  thing 
to  be  done  by  Mr.  Upton,  is,  to  state  his  case  to  some  intelligent 
lawyer  of  the  country,  that  he  may  know  with  certainty  whether 
they  be  confiscated j  or  not;  and  if  not  confiscated,  to  know  what 
measures  are  necessary  for  completing  and  securing  his  grant. 
But  if  confiscated,  there  is  then  no  other  tribunal  of  redress  but 
their  General  Assembly.  If  he  is  unacquainted  there,  I  w^ould  ad- 
vise him  to  apply  to  Colonel  Hamilton,  (who  was  aid  to  General 
Washington)  and  is  now  very  eminent  at  the  bar,  and  much  to  be 
relied  on.  Your  letter  in  his  favor  to  Mr.  Jay,  will  also  procure 
him  the  benefit  of  his  counsel. 

With  respect  to  America,  I  will  rather  give  you  a  general  view 
of  its  situation,  than  merely  relate  recent  events.  The  impost  is  still 
unpassed  by  the  two  States  of  New  York  and  Rhode  Island :  for 
the  manner  in  which  the  latter  has  passed  it,  does  not  appear  to 
me  to  answer  the  principal  object,  of  establishing  a  fund,  which, 
by  being  subject  to  Congress  alone,  may  give  such  credit  to  the 
certificates  of  public  debt,  as  will  make  them  negotiable.  This 
matter  then,  is  still  suspended. 

Congress  have  lately  purchased  the  Indian  right  to  nearly  the 
whole  of  the  land  lying  in  the  new  State,  bounded  by  lake  Erie, 
Pennsylvania,  and  the  Ohio.  The  northwestern  corner  alone,  is 
reserved  to  the  Delawares  and  Wiandots.  I  expect  a  purchase  is 
also  concluded  with  other  tribes,  for  a  considerable  proportion  of 
the  State  next  to  this,  on  the  north  side  of  the  Ohio.     They  have 


309 

passed  an  ordinance  establishing  a  land  office,  considerably  im- 
proved, I  think,  on  the  plan  of  which  I  had  the  honor  of  giving 
you  a  copy.  The  lands  are  to  be  offered  for  sale  to  the  highest 
bidder.  For  this  purpose,  portions  of  them  are  to  be  proposed  in 
each  State,  that  each  may  have  the  means  of  purchase  carried 
equally  to  their  doors,  and  that  the  purchasers  may  be  a  proper 
mixture  of  the  citizens  from  all  the  different  States.  But  such 
lots  as  cannot  be  sold  for  a  dollar  an  acre,  are  not  to  be  parted 
^vith.  They  will  receive  as  money,  the  certificates  of  public  debt. 
J  flatter  myself  that  this  arrangement  will  very  soon  absorb  the 
whole  of  these  certificates,  and  thus  rid  us  of  our  domestic  debt, 
which  is  four  fifths  of  our  whole  debt.  Our  foreign  debt  will  be 
then  a  bagatelle. 

I  think  it  probable  that  Vermont  will  be  made  independent,  as  I 
am  told  the  State  of  New  York  is  Hkely  to  agree  to  it.  Maine 
will  probably,  in  time,  be  also  permitted  to  separate  from  Massa- 
chusetts. As  yet,  they  only  begin  to  think  of  it.  Whenever  the 
people  of  Kentucky  shall  have  agreed  among  themselves,  my 
friends  write  me  word,  that  Virginia  will  consent  to  their  separation. 
They  will  constitute  the  new  State-  on  the  south  side  of  Ohio, 
joining  Virginia.  North  Carolina,  by  an  act  of  their  Assembly, 
ceded  to  Congress  all  then-  lands  westward  of  the  Alleganey.  The 
people  inhabiting  that  territory,  thereon  declared  themselves  inde- 
pendent, called  their  State  by  the  name  ol  Franklin,  and  solicited 
Congress  to  be  received  into  the  Union.  But  before  Congress 
met.  North  Carolina  (for  What  reas6ns  I  could  never  learn)  re- 
sumed their  cession.  The  people,  however,  persist;  Congress 
recommend  to  the  State  to  desist  from  their  opposition,  and  I 
have  no  doubt  they  will  do  it.  It  will,  therefore,  result  from  the 
act  of  Congress  laying  off  the  western  country  into  new  States, 
that  these  States  will  come  into  the  Union  in  the  manner  therein 
provided,  and  without  any  disputes  as  to  their  boundaries. 

I  am  told  that  some  hostile  transaction  by  our  people  at  the 
Natchez,  against  the  Spaniards,  has  taken  place.  If  it  be  fact, 
Congress  will  certainly  not  protect  them,  but  leave  them  to  be 
chastised  by  the  Spaniards,  saving  the  right  to  the  territory.  A 
Spanish  minister  being  now  with  Congress,  and  both  parties  inte- 
rested in  keeping  the  peace,  I  think,  if  such  an  event  has  happen- 
ed, it  will  be  easily  arranged.  ^ 

I  told  you  when  here,  of  the  propositions  made  by  Congress  to 
the  States,  to  be  authorised  to  make  certain  regulations  in  their 
commerce  ;  and,  that  from  the  disposition  to  strengdien  the  hands 
of  Congress,  which  was  then  growing  fast,  I  thought  they  would  con- 
sent to  it.     Most  of  them  did  so,  and  I  suppose  all  of  them  would 


310 

have  done  it,  if  they  have  not  actually  done  it,  but  that  events 
proved  a  much  more  extensive  power  would  be  requisite.  Con- 
gress have,  therefore,  desired  to  be  invested  with  the  whole  regula- 
tion of  their  trade,  and  for  ever  :  and  to  prevent  all  temptations  to 
abuse  the  power,  and  all  fears  of  it,  they  propose  that  whatever 
monies  shall  be  levied  on  commerce,  either  for  the  purpose 
of  revenue,  or  by  way  of  forfeitures  or  penalty,  shall  go  directly 
into  the  coffers  of  the  State  wherein  it  is  levied,  without  being 
touched  by  Congress.  From  the  present  temper  of  the  States, 
and  the  conviction  which  your  country  has  carried  home  to  their 
minds,  that  there  is  no  other  method  of  defeating  the  greedy  at- 
tempts of  other  countries  to  trade  with  them  on  unequal  terms,  I 
think  tliey  will  add  an  article  for  this  purpose  to  their  Confedera- 
tion. But  the  present  powers  of  Congress  over  the  commerce  of 
the  States,  under  the  Confederation,  seem  not  at  all  understood 
by  your  ministry.  They  say  that  body  has  no  power  to  enter  into 
a  treaty  of  commerce  ;  why  then  make  one  ?  Thig  is  a  mistake. 
By  the  sixth  article  of  the  Confederation,  the  States  renounce, 
individually,  all  power  to  make  any  treaty,  of  whatever  nature, 
with  a  foreign  nation.  By  the  ninth  article,  they  give  the 
power  of  making  treaties  wholly  to  Congress,  with  two  reserva- 
tions only.  1.  That  no  treaty  of  commerce  shall  be  made,  which 
sliall  restrain  the  legislatures  from  i](iaking  foreigners  pay  the  same 
imposts  with  their  own  people  :  nor  2.  from  prohibiting  the  ex- 
portation or  importation  of  any  species  of  merchandise,  which  they 
might  think  proper.  Were  any  treaty  to  be  made  which  should 
violate  either  of  these  two  reservations,  it  would  be  so  far  void. 
In  the  treaties,  therefore,  made  with  France,  Holland,  &lc.  this 
has  been  cautiously  avoided.  But  are  these  treaties  of  no  advan- 
tage to  these  nations  ?  Besides  the  advantages  expressly  given  by 
them,  there  results  another,  of  great  value.  The  commerce  of 
those  nations  with  the  United  States,  is  thereby  under  the  pro- 
tection of  Congress,  and  no  particular  State,  acting  by  fits  and 
starts,  can  harass  the  trade  of  France,  Holland,  he.  by  such  mea- 
sures as  several  of  them  have  practised  against  England,  by  load- 
ing her  merchandise  with  partial  imposts,  refusing  admittance  to 
it  altogether,  excluding  her  merchants,  he.  he.  For  you  will 
observe,  that  though  by  the  second  reservation  before  mentioned, 
they  can  prohibit  the  importation  of  anyspecies  of  merchandise,  as, 
for  instance,  though  they  may  prohibit  the  importation  of  wines  in 
general,  yet  they  cannot  prohibit  that  of  French  wines  in  particu- 
lar. Another  advantage  is,  that  the  nations  having  treaties  with 
Congress,  can  and  do  provide  in  such  treaties  for  the  admission 
of  their  consuls,  a  kind  of  officer  very  necessary  for  die  regulation 


311 

and  protection  of  commerce.  You  know  that  a  consul  is  the 
creature  of  treaty.  No  nation  without  an  agreement,  can  place  an 
officer  in  another  country,  with  any  powers  or  jurisdiction  what- 
ever. But  as  the  States  have  renounced  tlie  separate  powder  of 
making  treaties  with  foreign  nations,  they  cannot  separately  re- 
ceive a  consul :  and  as  Congress  have,  by  the  Confederation,  no 
immediate  jurisdiction  over  commerce,  as  they  have  only  a  power 
of  bringing  that  jurisdiction  into  existence  by  entering  into  a  treaty, 
till  such  treaty  be  entered  into.  Congress  themselves  cannot  re- 
ceive a  consul.  Till  a  treaty  then,  there  exists  no  power  in  any 
part  of  our  government,  federal  or  particular,  to  admit  a  consul 
among  us  :  and  if  it  be  true,  as  the  papers  say,  that  you  have  lately 
sent  one  over,  he  cannot  be  admitted  by  any  power  in  existence,  to 
an  exercise  of  any  function.  Nothing  less  than  a  new  article,  to  be 
agreed  to  by  all  the  States,  would  enable  Congress,  or  the  particu- 
lar States,  to  receive  him.  You  must  not  be  surprised  then,  if  he 
be  not  received. 

I  think  1  have  by  this  time  tired  you  with  American  politics, 
and  will  therefore  only  add  assurances  of  the  sincere  regard  and 
esteem,  with  which  I  have  the  honor  to  be.  Dear  Sir, 
your  most  obedient  humble  servant, 

Th:  Jefferson. 


LETTER    CV. 

TO    BARON    GEISMER. 

Paris,  September  6,  1785 

Dear  Sir, 

Your  letter  of  March  the  28th,  which  I  received  about  a  month 
after  its  date,  gave  me  a  very  real  pleasure,  as  it  assured  me  of  an 
existence  which  I  valued,  and  of  which  I  had  been  led  to  doubt. 
You  are  now  too  distant  from  America,  to  be  much  interested  in 
what  passes  there.  From  the  London  gazettes,  and  the  papers 
copying  them,  you  are  led  to  suppose  that  all  there  is  anarchy, 
discontent  and  civil  war.  Nothing,  however,  is  less  true.  There 
are  not,  on  the  face  of  the  earth,  more  tranquil  governmetits  than 
ours,  nor  a  happier  and  more  contented  people.  Their  commerce 
has  not  as  yet  found  the  channels,  which  their  new  relations  with 
the  world  will  offer,  to  best  advantage,  and  the  old  ones  remain  as 
yet  unopened  by  new  conventions.  This  occasions  a  stagnation 
in  the  sale  of  their  produce,  the  only  truth  among  all  die  circum- 


312 

stances  published  about  them.  Their  hatred  against  Great  Bri- 
tain, having  lately  received  from  that  nation  new  cause  and  new 
aliment,  has  taken  a  new  spring.  Among  the  individuals  of  your 
acquaintance,  nothing  remarkable  has  happened.  No  revolution 
in  the  happiness  of  any  of  them  has  taken  place,  except  that  of  the 
loss  of  their  only  child  to  Mr.  and  Mrs.  Walker,  who,  however, 
left  them  a  grand  child  for  their  solace,  and  that  of  your  hum- 
ble servant,  who  remains  with  no  other  family  than  two  daughters, 
the  elder  here^  (who  was  of  your  acquaintance)  the  younger  in 
Virginia,  but  expected  here  the  next  summer.  The  character  in 
which  I  am  here,  at  present,  confines  me  to  this  place,  and  will 
confine  me  as  long  as  I  continue  in  Europe.  How  long  this 
will  be,  I  cannot  tell.  I  am  now  of  an  age  which  does  not  easily 
accommodate  itself  to  new  manners  and  new  modes  of  living :  and 
I  am  savage  enough  to  prefer  the  woods,  the  wilds,  and  the  inde- 
pendence of  Monticello,  to  all  the  brilliant  pleasures  of  this  gay 
Capital.  I  shall,  therefore,  rejoin  myself  to  my  native  country,  with 
new  attachments,  and  with  exaggerated  esteem  for  its  advantages; 
for  though  there  is  less  wealth  there,  there  is  more  freedom,  more 
ease,  and  less  misery.  I  should  like  it  better,  however,  if  it  could 
tempt  you  once  more  to  visit  it :  but  that  is  not  to  be  expected.  Be 
this  as  it  may,  and  whether  fortune  means  to  allow  or  deny- me 
the  pleasure  of  ever  seeing  you  again,  be  assured  that  the  worth 
which  gave  birth  to  my  attachment,  and  which  still  animates  it, 
will  continue  to. keep  it  up  while  we  both  live,  and  that  it  is  with 
sincerity  I  subscribe  myself.  Dear  Sir, 

your  friend  and  servant, 

Th:  Jefferson. 


LETTER   CVI. 

TO  JOHN  LANGDON, 

Paris,  September  11,  178&. 
Dear  Sir, 

Your  Captain  Yeaton  being  here,  furnishes  me  an  opportunity 
of  paying  the  tribute  of  my  congratulations  on  your  appointment  to 
the  government  of  your  State,  which  I  do  sincerely.  He  gives 
me  the  grateful  intelligence  of  your  health,  and  that  of  Mrs.  Lang- 
don.  Anxious  to  promote  your  service,  and  believing  he  could  do 
it  by  getting  himself  naturalized  here,  and  authorised  to  command 
your  vessel,  he  came  from  Havre  to  Paris.  But  on  making  the 
best  inquiries  I  could,  it  seemed  that  the  time  requisite  to  go  through 


.      313 

with  this  business,  would  be  much  more  than  he  could  spare.  He 
therefore  declined  it.  I  wish  it  were  in  my  power  to  give  you  a 
hope  that  our  commerce,  either  with  this  country,  or  its  islands, 
was  likely  to  be  put  on  a  better  footing.  But  if  it  be  altered  at  all, 
it  will  probably  be  for  the  worse.  The  regulations  respecting  their 
commerce  are  by  no  means  sufficiently  stable  to  be  relied  on. 

Europe  is  in  quiet,  and  likely  to  remain  so.  The  affairs  of  the 
Emperor  and  Dutch  are  as  good  as  setded,  and  no  other  cloud 
portends  any  immediate  storm.  You  have  heard  much  of  American 
vessels  taken  by  the  Barbary  pirates.  The  Emperor  of  Morocco 
took  one  last  winter,  (the  brig  Betsey  from  Philadelphia  ;)  he  did 
not  however  reduce  the  crew  to  slavery,  nor  confiscate  the  vessel 
or  cargo.  He  has  lately  delivered  up  the  crew  on  the  solicitation 
of  the  Spanish  court.  No  other  has  ever  been  taken  by  them. 
There  are,  indeed,  rumors  of  one  having  been  lately  taken  by  the 
Algerines.  The  fact  is  possible,  as  there  is  nothing  to  hinder  their 
taking  them,  but  it  is  not  as  yet  confirmed.  I  have  little  doubt, 
that  we  shall  be  able  to  place  our  commerce  on  a  popular  footing 
with  the  Barbary  States,  this  summer,  and  thus  not  only  render 
our  navigation  to  Portugal  and  Spain  safe,  but  open  the  Mediter- 
ranean as  formerly.  In  spite  of  treaties,  England  is  still  our  ene- 
my. Her  hatred  is  deep  rooted  and  cordial,  and  nothing  is  want- 
ing with  her  but  th6  power,  to  wipe  us  and  the  land  we  live  on 
out  of  existence'.  Her  interest,  however,  is  her  ruling  passion : 
and  the  late  American  measures  have  struck  at  that  so  vitally,  and 
with  an  energy,  too,  of  which  she  had  thought  us  quite  incapable, 
that  a  possibility  seems  to  open  of  forming  some  arrangement  with 
her.  When  they  shall  see  decidedly,  that,  without  it,  we  shall 
suppress  their  commerce  with  us,  they  will  be  agitated  by  their 
avarice,  on  the  one  hand,  and  their  hatred  "and  their  fear  of  us,  on 
the  other.  The  result  of  this  conflict  of  dirty  passions  is  yet  to  be 
awaited.  The  body  of  the  people  of  this  country  love  us  cordially. 
But  ministers  and  merchants  love  no  body.  The  merchants  here, 
are  endeavoring  to  exclude  us  from  their  islands.  The  ministers 
will  be  governed  in  it  by  political  motives,  and  will  do  it,  or  not  do 
it,  as  these  sl:iall  appear  ta  dictate,  without  love  or  hatred  to  any 
body.  It  were'  to  be  wished  that  they  were  able  to  combine  bet- 
ter, the  various  circumstances  which  prove,,  beyond  a  doubt,  that 
all  the  advantages  of  their  colonies  result,  in  the  end,  to  the  mother 
country.  I  pray  you  to  present  me  in  the  most  friendly  terms  to 
Mrs.  Llangdon,  and  to  be  assured  of  the  esteem  with  which  I  am, 
your  Excellency's  most  obedient 

and  most  humble  servant, 

Th:  Jefferson. 
VOL.  I.  40 


314 

LETTER    CVI!. 

TO    LISTER    ASQUITH, 

Paris,  September  14,  ITSS-. 

Sir, 
Several  of  your  letters  have  been  received,  and  we  have  been 
occupied  in  endeavors  to  have  you  discharged  :  but  these  have 
been  ineffectual.  If  our  information  be  right,  you  are  mistaken  in 
supposing  you  are  already  condemned.  The  Farmers  General 
tell  us,  you  are  to  be  tried  at  Brest,  and  this  trial  may  perhaps  be 
a  month  hence.  From  that  court  you  may  appeal  to  the  Parlia- 
ment of  Rennes,  and  from  that,  to  the  King  in  Council.  They 
say,  that  from  the  depositions  sent  to  them,  there  can  be  no  doubt 
you  came  to  smuggle,  and  that,  in  that  case,  the  judgment  of 
the  law,  is  a  forfeiture  of  the  vessel  and  cargo,  a  fine  of  a  thousand 
livres  on  each  of  you,  and  six  years  condemnation  to  the  gallies. 
These  several  appeals  will  be  attended  with  considerable  expense. 
They  offer  to  discharge  your  persons  and  vessel,  (but  not  the  cargo) 
on  your  paying  two  thousand  livres,  and  the  costs  already  incur- 
red ;  which  are  three  or  four  hundred  more.  You  will  therefore 
choose,  whether  to  go  through  the  trial,  or  to  compromise,  and  you 
are  the  best  judge,  what  may  be  the  evidence  for  or  against  you. 
In  either  case,  I  shall  render  you  all  the  service  I  can.  I  will  add, 
that  if  you  are  disposed  to  have  the  matter  tried,  I  am  of  opinion, 
that,  if  found  against  you,  there  will  be  no  danger  of  their  sending 
you  to  the  gallies ;  so  that  you  may  decide  what  course  you  will 
take,  without  any  bias  from  that  fear.  If  you  choose  to  compro- 
mise, I  will  endeavor  to  have  it  done  for  you,  on  the  best  terms 
we  can.  I  fear  they  will  abate  little  from  the  two  thousand  livres, 
because  Captain  Deville,  whom  you  sent  here,  fixed  the  matter  by 
offering  that  sum,  and  has  done  you  more  harm  than  good.  I 
shall  be  glad,  if  you  will  desire  your  lawyer  to  make  out  a  state  of 
your  case,  (which  he  may  do  in  French)  and  send  it  to  me.  Write 
me  also  yourself,  a  plain  and  full  narration  of  your  voyage,  and  the 
circumstances  which  have  brought  so  small  a  vessel,  with  so  small 
a  cargo,  from  America  into  France.  As  far  as  we  yet  know  them, 
they  are  not  in  your  favor.  Inform  me  who  you  are,  and  what 
papers  you  have  on  board.  But  do  not  state  to  me  a  single  fact 
which  is  not  true  :  for  if  I  am  led,  by  your  information,  to  advance 
any  thing  which  they  shall  prove  to  be  untrue,  I  will  abandon  your 
case  from  that  moment ;  whereas,  sending  me  a  true  statement,  I 
will  make  the  best  of  it  I  can.     Mr.  Barclay,  the  American  con- 


315 

sul,  will  be  here  some  few  days  yet.  He  will  be,  as  he  has  al- 
ready been,  of  much  service  to  you,  if  the  information  I  ask  both 
from  yourself  and  your  lawyer,  can  come  before  his  departure.  I 
repeat  my  assurances  of  doing  whatever  I  can  for  you,  and  am.  Sir, 
your  very  humble  servant, 

Th:  Jefferson. 


LETTER    CVlll. 

TO    JOHN    ADAMS. 

Paris,  September  19, 1785. 
Dear  Sir, 

Lambe  has  arrived.  He  brings  new  full  powers  to  us  from 
Congress,  to  appoint  persons  to  negotiate  with  the  Barbary  States ; 
but  we  are  to  sign  the  treaties.  Lambe  has  not  even  a  recom- 
mendation from  them  to  us,  but  it  seems  clear  that  he  would  be 
approved  by  them.  I  told  him  of  Mr.  Barclay's  appointment  to 
Morocco,  and  proposed  Algiers  to  him.  He  agrees.  'A  small 
alteration  in  the  form  of  our  despatches  will  be  necessary,  and,  of 
course,  another  courier  shall  be  despatched  to  you  on  the  return. of 
Colonel  Franks,  for  your  pleasure  herein. 
I  am,  with  great  esteem, 

your  friend  and  servant, 

Th;  Jefferson.* 


LBiTTER    CIX. 

TO    JAMES    MADISON. 

Paris,  September  20,  1785. 
Dear  Sir, 

By  Mr.  Fitzhugh,  you  will  receive  my  letter  of  the  first  instant. 
He  is  still  here,  and  gives  me  an  opportunity  of  again  addressing 
you  much  sooner  than  I  should  have  done,  but  for  the  discovery 
of  a  great  piece  of  inattention.  In  that  letter  I  send  you  a  detail 
of  the  cost  of  your  books,  and  desire  you  to  keep  the  amount 
in  your  hands,  as  if  I  had  forgot  that  a  part  of  it  was  in  fact  your 
own,  as  being  a  balance  of  what  I  had  remained  in  your  debt.     I 

[*  The  original  of  the  above  was  in  cypher  ;  though,  as  in  the  case  of  most 
of  (he  Author's  letters  in  cypher,  he  prepared  and  preserved  a  literal  copy  of  it.] 


316 

really  did  not  attend  to  it  in  the  moment  of  writing,  and  when  it 
occurred  to  me,  I  revised  my  memorandurh  book  from  the  time  of 
our  being  in  Philadelphia  together,  and  stated  Our  account  from 
the  beginning,  lest  I  should  forget  or  mistake  any  part  of  it.  I 
enclose  you  this  statement.  You  will  always  be  so  good  as  to  let 
me  know,  from  time  to  time,  your  advances  for  me.  Correct 
with  freedom  all  my  proceedings  for  you,  as,  in  what  I  do,  I  have 
no  other  desire  than  that  of  doing  exactly  what  will  be  most  plea- 
sing to  you.  • 

I  received  this  summer  a  letter  from  Messrs.  Buchanan  and 
Hay,  as  Directors  of  the  public  buildings,  desiring  I  would  have 
drawn  for  them,  plans  of  sundry  buildings,  and,  in  the  first  place,  of 
a  capitol.  They  fixed,  for  their  receiving  this  plan,  a  day  which 
was  within  about  six  weeks  of  that  on  which  their  letter  came  to  my 
hand.  I  engaged  an  architect  of  capital  abilities  in  this  business. 
Much  dme  was  requsite,  after  the  external  form  was  agreed  on,  to 
make  the  internal  distribution  convenient  for  the  three  branches  of 
government.  This  time  was  much  lengthened  by  my  avocations 
to  other  objects,  which  I  had  no  right  to  neglect.  The  plan  how- 
ever was  settled.  The  gentlemen  had  sent  me  one  which  they 
had  thought  of.  The  one  agreed  on  here,  is  more  convenient, 
more  beautiful,  gives  more  room,  and  will  not  cost  more  than  two 
thirds  of  what  that  would.  We  took  for  our  model  what  is  called 
the  Maison  quarree  of  Nismes,  one  of  the  most  beautiful,  if  not 
the  most  beautiful  and  precious  morsel  of  architecture  left  us  by  an- 
tiquity. It  was  built  by  Caius  and  Lucius  Caesar,  and  repaired 
by  Louis  XIV.,  and  has  the  suflrage  of  all  the  judges  of  ar- 
chitecture, who  have  seen  it,  as  yielding  to  no  one  of  the  beautiful 
monuments  of  Greece,  Rome,  Palmyra,  and  Balbec,  which  late 
travellers  have  communicated  to  us.  It  is  very  simple,  but  it  is 
noble  beyond  expression,  and  would  have  done  honor  to  our  coun- 
try, as  presenting  to  travellers  a  specimen  of  taste  in  our  infancy, 
promising  much  for  our  maturer  age.  I  have  been  much  mortified 
with  information,  which  I  received  two  days  ago  from  Virginia, 
that  the  first  brick  of  the  capitol  would  be  laid  within  a  few  days: 
But  surely,  the  delay  of  this  piece  of  a  summer  would  have  been 
repaired  by  the  savings  in  the  plan  preparing  here,  were  we  to 
value  its  other  superiorities  as  nothing.  But  how  is  a  taste  in  this 
beautiful  art  to  be  formed  in  our  countrymen,  unless  we  avail  our- 
selves of  every  occasion  when  public  buildings  are  to  be  erected, 
of  presenting  to  them  models  for  their  study  and  imitation?  Pray 
try  if  you  can  effect  the  stopping  of  this  work.  I  have  written 
also  to  E.  R.  on  the  subject.  The  loss  will  be  only  of  the  laying 
the  bricks  already  laid,  or  a  part  of  them.     The  bricks  themselves 


317 

will  do  again  for  the  interior  walls,  and  one  side  wall  and  one  end 
wall  may  remain,  as  they  will  answer  equally  well  for  our  plan. 
This  loss  is  not  to  he  weighed  against  the  saving  of  money  which 
will  arise,  against  the  comfort  of  laying  out  the  public  money  for 
somediing  honorable,  the  satisfaction  of  seeing  an  object  and  proof 
of  national  good  taste,  and  the  regret  and  mortification  of  erecting 
a  monument  of  our  barbarism,  which  \till  be  loaded  witli  execra- 
tions as  long  as  it  shall  endure.  The  plans  are  in  good  forward- 
ness, and  I  hope  will  be  ready  within  three  or  four  weeks.  They 
could  not  be  stopped  now,  but  on  paying  their  whole  price,  which 
will  be  considerable.  If  the  undertakers  are  afraid  to  undo  what 
they  have  done,  encourage  them  to  it  by  a  recommendation  from 
the  Assembly.  You  gee  I  am  an  enthusiast  on  the  subject  of  the 
arts.  But  it  is  an  enthusiasm  of  which  I  am  not  ashamed,  as  its- 
object  is  to  improve  the  taste  of  my  countrymen,  to  increase  their 
reputation,  to  reconcile  to  them  the  respect  of  the  world,  and  pro- 
cure them  its  praise.  ,  - 

I  shall  send  off  your  books,  in  two  trunks,  to. Havre,  within  two 
or  three  days,  to  the  care  of  Mr.  Limozin,  American  agent  there. 
I  will  advise  you,  as  soon  as  I  know  by  what  vessel  he  forwards 
tliem.    Adieu. 

Your's  affectionately, 

Th:  Jefferson. 


LETTER    ex. 

TO    EDMUND    RANDOLPH. 

Paris,  September  20, 1785, 

Dear  Sir, 

Being  in  your  debt  for  ten  volumes  of  Buffon,  I  havp  endea- 
vored i9  find  something  that  would  be  agreeable  to  you  to  receive, 
in  •Return.  I  therefore  send  you,  by  way  of  Havre,  a  dictionary 
of  law  natural  and  municipal,  in  thirteen  volumes  4to.,  called  le 
Code  de  I'humanite.  It  is  published  by  Felice,  but  written  by 
him  and  several  other  authors  of  established  reputation.  It  is  an 
excellent  work.  I  do  not  mean  to  say,  that  it  answers  fully  to  its 
titlQ.  That  would  have  required  fifty  times  the  volume.  It  wants 
many  articles  which  tlie  title  would  induce  us  to  seek  in  it.  B]Ltt 
the  articles  which  it  contains  are  well  written.  It  is  better  tiian 
the  voluminous  Dictionnaire  diplomatique,  and  better  also  than  the 
same  branch  of  tiifr  Encyclopedic  metiiodique.     There  has  been 


318 

notliing  published  here,  since  I  came,  of  extraordinary  merit.  The 
Encyclopedic  methodique,  which  is  coming  out,  from  time  to  time, 
must  be  excepted  from  this.  It  is  to  be  had  at  two  guineas  less 
than  the  subscription  price.  I  shall  be  happy  to  send  you  any 
thing  in  this  way  which  you  may  desire.  French  books  are  to  be 
bought  here,  for  two  thirds  of  what  they  can  in  England.  Eng- 
lish and  Greek  and  Latin  "authors,  cost  from  twenty-five  to  fifty 
per  cent,  more  here  than  in  England. 

I  received,  some  time  ago,  a  letter  from  Messrs.  Hay  and  Bu- 
chanan, as  Directors  of  the  public  buildings,  desiring  1  would  have 
plans  drawn  for  our  public  buildings,  and  in  the  first  place,  for  the 
capitol.  I  did  not  receive  their  letter  till  within  about  six  weeks 
of  the  time  they  had  fixed  on,  for  receiving  the  drawings.  Never- 
theless, I  engaged  an  excellent  architect  to  comply  with  their  de- 
sire. It  has  taken  much  time  to  accommodate  the  external  adopt- 
ed, to  the  internal  arrangement  necessary  for  the  three  branches 
of  government.  However,  it  is  effected  on  a  plan,  which,  with  a 
great  deal  of  beauty  and  convenience  within,  unites  an  external 
form  on  the  most  perfect  model  of  antiquity  now  existing.  This 
is  the  Maison  quarree  of  Nismes,  built  by  Caius  and  Lucius  Caesar, 
and  repaired  by  Louis  XIV.,  which,  in  the  opinion  of  all  who  have 
seen  it  yields,  in  beauty,  to  no  piece  of  architecture  on  earth. 
The  gentlemen  enclosed  me  a  plan  of  which  they  had  thought. 
The  one  preparing  here,  will  be  more  convenient,  give  more  room, 
and  cost  but  two  thii'ds  of  that :  and  as  a  piece  of  architecture, 
doing  honor  to  our  country,  will  leave  nothing  to  be  desired.  The 
plans  will  be  ready  soon.  But,  two  days  ago,  I  received  a  letter 
from  Virginia,  informing  me  the  first  brick  of  the  capitol  would  be 
laid  within  a  few  days.  This  .mortifies  me  extremely.  The  de- 
lay of  this  summer,  would  have  been  amply  repaid  by  the  supe- 
riority and  economy  of  the  plan  preparing  here.  Is  it  impossible 
to  stop  the  work  where  it  is?  You  will  gain  money  by  losing  what 
is  done,  and  general  approbation,  instead  of  occasioning  a  regret, 
which  will  endure  as  long  as  your  building  does.  How  is  a  taste 
for  a  chast€  and  good  style  of  building  to  be  formed  in  our  couti- 
trymen,  unless  we  seize  all  occasions  which  the  erection  of  public 
buildings  offers,  of  presenting  to  them  models  for  their  imitation  ? 
Do,  my  Dear  Sir,  exert  your  influence  to  stay  the  further  progress 
of  the  work,  till  you  can  receive  these  plans.  You  will  only  lose 
the  price  of  laying  what  bricks  are  already  laid,  and  of  taking  part 
of  them  asunder.  They  will  do  again  for  the  inner  walls.  A 
plan  for  a  prison  will  be  sent  at  the  same  time. 

Mazzei  is  here,  and  in  pressing  distress  for  money.  I  have 
helped  him  as  far  as  I  have  been  able,  but  particular  circunistan- 


319 

ces  put  it  out  of  my  power  to  do  more.  He  is  looking  with  anx* 
iety  to  the  arrival  of  every  vessel,  in  hopes  of  relief  through  your 
means.  If  he  does  not  receive  it  soon,  it  is  difficult  to  foresee  his 
fate. 

The  quiet  which  Europe  enjoys  at  present,  leaves  nothing  to 
communicate  to  you  in  the  political  way.  The  Emperor  and 
Dutch  still  differ  about  the  quantum  of  money  to  be  paid  by  the 
latter  ;  they  know  not  for  what.  Perhaps  their  internal  convulsions 
will  hasten  them  to  a  decision.  France  is  improving  her  navy,  as 
if  she  were  already  in  a  naval  war  ;  yet  I  see  no  immediate  pros- 
pect of  her  having  occasion  for  it.  England  is  not  likely  to  offer 
war  to  any  nation,  unless,  perhaps  to  ours.  This  would  cost  us 
our  whole  shipping  :  but  in  every  other  respect,  we  might  flatter 
ourselves  with  success.  But  the  most  successful  war  seldom  pays 
for  its  losses.  I  shall  be  glad  to  hear  from  you  when  convenient, 
and  am,  with  much  esteem,  Dear  Sir, 

your  friend  and  servant, 

Th:  Jefferson. 


LETTER  CXI. 

TO   JOHN   ADAMS. 

Paris,  September  24, 1785. 
Dear  Sir, 

I  have  received  your  favor  of  the  18th,  enclosing  your  compli- 
ments on  your  presentation.  The  sentiments  you  therein  express- 
ed, w^ere  such  as  were  entertained  in  America  till  the  commercial 
proclamation,  and  such  as  would  again  return,  were  a  rational  con- 
duct to  be  adopted  by  Great  Britain.  I  think,  therefore,  you  by 
no  means  coriipromitted  yourself  or  our  country,  nor  expressed 
more  than  it  would  be  our  interest  to  encourage,  if  they  were  dis- 
posed to  meet  us.  I  am  pleased,  however,  to  see  the  answer  of 
the  King.  '  It  bears  the  marks  of  suddenness  and  surprise,  and  as 
he  seems  not  to  have  had  time  for  reflection,  we  may  suppose  he 
was  obliged  to  find  his  answer  in  the  real  sentiments  of  his  heart, 
if  that  heart  has  any  sentiment.  1  have  no  doubt,  however,  tliat  it 
contains  the  real  creed  of  an  Englishman,  and  that  the  word  which 
he  has  let  escape,  is  the  true  word  of  the  enigma.  '  The  moment 
I  see  such  sentiments  as  yours  prevail,  and  a  disposition  to  give  this 
country  the  preference^  I  will,  &;c.'  All  this  I  steadfastly  believe. 
But  the  condition  is  impossible.     Our  interest  calls  for  a  perfect 


320 

equality  in  our  conduct  towards  these  two  nations;  but  no  prefer- 
ences any  where.  If,  however,  circumstances  should  ever  oblige 
us  to  show  a  preference,  a  respect  for  our  character,  if  we  had  no 
better  motive,  would  decide  to  which  it  should  be  given. 

My  letters  from  members  of  Congress  render  it  doubtful,  whether 
they  would  not  rather  that  full  time  should  be  given  for  the  present 
disposition  of  America  to  mature  itself,  and  to  produce  a  perma- 
nent improvement  in  the  federal  constitution,  rather  than,  by  re- 
moving the  incentive,  to  prevent  the  improvement.  It  is  certain 
that  our  commerce  is  in  agonies  at  present,  and  that  these  would 
be  relieved  by  opening  the  British  ports  in  the  West  Indies.  It 
remains  to  consider,  whether  a  temporary  continuance  under  these 
sufferings  would  be  paid  for,  by  tbe  amendment  it  is  likely  to  pro- 
duce. However,  I  believe  there  is  no  fear  that  Great  Britain  will 
puzzle  us,  by  leaving  it  in  our  choice  to  hasten  or  delay  a  treaty. 

Is  insurance  made  on  Houdon's  life?  I  am  uneasy  about  it,  lest 
we  should  hear  of  any  accident.  As  yet  there  is  no  reason  to 
doubt  their  safe  passage.  If  the  insurance  is  not  made,  I  will  pray 
you  to  have  it  done  immediately. 

As  I  have  not  received  any  London  newspapers  as  yet,  I  am 
obliged  to  ask  you  what  is  done  as  to  them,  lest  the  delay  should 
proceed  from  some  obstacle  to  be  removed. 

There  is  a  Mr.  Thompson  at  Dover,  who  has  proposed  to  me 
a  method  of  getting  them  post  free:  but  I  have  declined  resorting 
to  it,  till  I  should  know  in  what  train  the  matter  is  at  present. 

I  have  the  honor  to  be,  with  the  most  perfect  esteem.  Dear  Sir, 
your  friend  and  servant, 

Th:  Jefferson. 


LETTER    CXir. 

TO   JOHN   ADAMS. 

Paris,  September  24, 1785. 
Dear  Sir, 
My  letter  of  September  the  19th,  written  the  morning  after 
Mr.  Lambe's  arrival  here,  will  inform  you  of  that  circumstance. 
I  transmit  you  herewith,  copies  of  the  papers  he  brought  to  us  on 
the  subject  of  the  Barbary  treaties.  You  will  see  by  them,  that 
Congress  have  adopted  the  very  plan  which  we  were  proposing  to 
pursue.  It  will  now  go  on  with  less  danger  of  objection  from 
the  other  parties.  The  receipt  of  these  new  papers,  therefore, 
has  rendered  necessary  no  change,  in  matter  of  substance,  in  the 


321 

despatches  we  had  prepared.  But  they  render  some  formal 
changes  necessary.  For  instance,  in  our  letter  of  credence  for 
Mr.  Barclay  to  the  Emperor  of  Morocco,  it  becomes  improper  to 
enter  into  those  explanations  which  seemed  proper  when  that  let- 
ter was  drawn ;  because  Congress,  in  their  letter,  enter  into  those 
explanations.  In  the  letter  to  the  Count  deVergennes,  it  became 
proper  to  mention  the  new  full  powers  received  from  Congress, 
and  which,  in  some  measure,  accord  with  the  idea  communicated 
by  him  to  us,  from  the  Marechal  de  Castries.  These  and  other 
formal  alterations,  which  appeared  necessary  to  me,  I  have  made, 
leaving  so  much  of  the  original  draughts,  approved  and  amended 
by  you,  as  were  not  inconsistent  with  these  alterations.  I  have 
therefore  had  these  prepared  fair,  to  save  yoii  the  trouble  of  copy- 
ing; yet,  wherever  you  choose,  to  make  alterations,  you  will  be  so 
good  as  to  make  them ;  taking,  in  that  case,-  the  trouble  of  having 
new  fair  copies  made  out. 

You  will  perceive  by  Mr.  Jay's  letter,  that  Congress  had  not 
thought  proper  to  give  Mr.  Lambe  any  appointment.  I  imagine 
they  apprehended  it  might  interfere  with  measures  actually  taken 
by  us.  Notwithstanding  the  perfect  freedom  which  they  are  pleas- 
ed to  leave  to  us,  on  this  subject,  I  cannot  feel  myself  clear  of  that 
bias,  which  a  presumption  of  their  pleasure  gives,  and  ought  to 
give.  I  presume  that  Mr.  Lambe  met  their  approbation,  because 
of  the  recommendations  he  carried  from  the  Governor  and  State 
of  Connecticut,  because  of  his  actual  knowledge  of  the  country 
and  people  of  the*  States  of  Barbery,  because  of  the  detention  of 
these  letters  from  March  to  July,  which,  considering  their  pressing 
nature,  would  otherwise  have  heeti  sent  by  other  Americans,  who, 
in  the  mean  time,  have  come  from  New  York  to  Paris  ;  iand  be- 
cause too,  of  the  information  we  received  by  Mr.  Jarvis.  These 
reasons  are  not  strong  enough  to  set  aside  our  appointment  of  Mr. 
Barclay  to  Morocco :  that  I  think  should  go  on,  as  no  man  could 
be  sent  who  would  enjoy  more  the  confidence  of  Congress.  But 
they  are  strong  enough  to  induce  me  to  propose  to  you  die  ap- 
pointment of  Lambe  to  Algiers.  He  has  followed  for  many  years 
the  Barbary  trade,  and  seems  intimately  acquainted  with  those 
States.  I  have  not  seen  enough  of  him  to  judge  of  his  abilities. 
He  seems  not  deficient,  as  far  as  I  can  see,  and  the  footing  on 
which  he  comes,  must  furnish  a  presumption  for  what  we  do  not 
see.  We  must  say  the  same  as  to  his  integrity ;  we  must  rely  for 
this  on  the  recommendations  he  brings,  as  it  is  impossible  for  us  to 
judge  of  this  for  ourselves.  Yet  it  will  be  our  duty  to  use  such 
reasonable  cautions  as  are  in  our  power.  Two  occur  to  me.  1. 
To  give  him  a  clerk  capable  of  assisting  and  attending  to  his  pro- 

VOL.    I.  41 


322 

ceedings,  and  who,  in  case  he  thought  any  thing  was  going  amiss, 
might  give  us  information.  2.  Not  to  give  him  a  credit  on  Van  Stap- 
horst  and  Willinck,  but  let  his  drafts  be  made  on  yourself,  which, 
with  the  knowledge  you  will  have  of  his  proceedings,  will  enable 
you  to  check  them,  if  you  are  sensible  of  any  abuse  intended. 
This  will  give  you  trouble;  but  as  I  have  never  found  you  declin- 
ing trouble,  when  it  is  necessary,  I  venture  to  propose  it.  I  hope 
it  will  not  expose  you  to  inconvenience,  as  by  instructing  Lambe 
to  insert  in  his  drafts  a  proper  usance,  you  can,  in  the  mean  time, 
raise  the  money  for  them  by  drawing  on  Holland.  I  must  inform 
you  that  Mr.  Barclay  wishes  to  be  put  on  the  same  footing  with 
Mr.  Lambe,  as  to  this  article,  and  therefore  I  return  you  your  let- 
ter of  credit  on  Van  Staphorst  &,  Co.  As  to  the  first  article,  there 
is  great  difficulty.  There  is  nobody  at  Paris  fit  for  the  undertak- 
ing, who  ^ould  be  likely  to  accept  it.  I  mean  there  is  no  Ame- 
rican, for  I  should  be  anxious  to  place  a  native  in  the  trust.  Per- 
haps, you  can  send  us  one  from  London.  There  is  a  Mr.  Ran- 
dall there,  from  New  York,  whom  Mr.  Barclay  thinks  might  be 
relied  on  very  firmly,  for  integrity  and  capacity.  He  is  there  for 
his  health  5  perhaps  you  can  persuade  him  to  go  to  Algiers  in  pur- 
suit of  it.  If  you  cannot,  I  really  know  not  what  will  be  done. 
It  is  impossible  to  propose  to  Bancroft  to  go  in  a  secondary  capa- 
city. Mr.  Barclay  and  myself  have  thought  of  Cairnes,  at  L'Orient, 
as  a  dexnier  resort.  But  it  is  uncertain,  or  rather  improbable, 
that  he  will  undertake  it.  You  will  be  pleased,  in  the  first  place, 
to  consider  of  my  proposition  to  send  Lambe  to  Algiers  ;  and  in  the 
next,  all  the  circumstances  before  detailed,  as  consequences  of 
that. 

.  The  enclosed  letter  from  Richard  O'Bryan,  furnishes  powerful 
motives  for  commencing,  by  some  me.ans  or  other,  the  treaty  with 
Algiers,  more  immediately  than  would  be  done,  if  left  on  Mr. 
Barclay.  You  will  perceive  by  that,  that  two  of  our  vessels,  with 
their  crews  and  cargoes,  have  been  carried  captive  into  that  port. 
What  is  to  be  done  as  to  those  poor  people  ?  I  am  for  hazarding 
the  supplementary  instruction  to  Lambe,  which  accompanies  these 
papers.  Alter  it,  or  reject  it,  as  you  please.  You  ask  what  I 
think  of  claiming  the  Dutch  interposition.  I  doubt  the  fidelity  of 
any  interposition  too  much,  to  desire  it  sincerely.  Our  letters  to 
this  court,  heretofore,  seemed  to  oblige  us  to  communicate  with 
them  on  the  subject.  If  you  think  the  Dutch  would  take  amiss 
our  not  applying  to  them,  I  will  join  you  in  the  application. 
Otherwise,  the  fewer  who  are  apprised  of  our  proceedings,  the 
better.  To  communicate  them  to  the  States  of  Holland,  is  to 
communicate  them  to  the  whole  world. 


328 

Mr.  Short  returned  last  night,  and  brought  the  Prussian  treaty, 
duly  executed  in  English  and  French.  We  may  send  it  to  Con- 
gress by  the  Mr.  Fitzhughs,  going  from  hence.  Will  you  draw 
and  sign  a  short  letter  for  that  purpose  ?  I  send  you  a  copy  of  a 
letter  received  from  the  Marquis  Fayette.  In  the  present  unsettled 
state  of  American  conjmerce,  I  had  as  lieve  avoid  all  further  trea- 
ties, except  with  American  powers.  If  Count  Merci,  therefore, 
does  not  propose  the  subject  to  me,  I  shall  not  to  him,  nor  do 
more  than  decency  requires,  if  he  does  propose  it.  I  am,  with 
great  esteem,  J[)ear  Sir, 

•  your  most  obedient  huiiible  servant, 

Th:  Jefferson, 


LETTER    CXIII. 

TO    F.    HOPKINSON. 

Paris,  September  25,  1785. 
Dear  Sir, 

My  last  to  you  was  of  the  6th  of  July.  Since  that,  \  have  re- 
ceived yours  of  July  the  23rd.  I  do  not  altogether  despair  of 
making  something  of  your  method  of  quilling,  though,  as  yet,  the 
prospect  is  not  favorable.  •  I  applaud  much  your  perseverance  in 
improving  this  instrument,  and  benefiting  mankind  almost  in  spite 
of  their  teeth.  I  mentioned  to  Piccini  the  improvement  with  which 
I  am  entrusted.  He  plays  on  the  piano  forte,  and  therefore  did 
not  feel  himself  personally  interested.  I  hop.e  some  better  oppor- 
tunity will  yet  fall  in  my  way  of  doing  it  justice.  I  had  almost 
decided,  on  his  advice,  to  get  a  piano  forte  for  my  daughter;  but 
your  last  letter  may  pause  me,  till  I  see  its  effect. 

Arts  and  arms  are  alike  asleep  for  the  moment.  Ballooning 
indeed  goes  on.  There  are  two  artists  in  the  neighborhood  of 
Paris,  who  seem  to  be  advancing  towards  the  desideratum  in  this 
business.  They  are  able  to  rise  and  fall  at  will,  without  expend- 
ing their  gas,  and  to  deflect  forty-five  degrees  from  the  course  of 
tlie  wind. 

I  desired  you,  in  my  last,  to  send  the  newspapers,  notwithstand- 
ing the  expense.  I  had  then  no  idea  of  it.  Some  late  instances 
have  made  me  perfectly  acquainted  witli  it.  I  have  therefore  been 
obliged  to  adopt  the  following  plan.  To  have  my  newspapers, 
from  the  diiferent  States,  enclosed  to  the  office  for  Foreign  Affairs, 
and  to  desire  Mr.  Jay  to  pack  the  whole  in  a  box,  and  send  it  by 
the  packet  as  merchandise,  directed  to  the  American  consul  at 


324 

L'Orient,  who  will  forward  it  to  me  by  the  periodical  wagons.  In 
this  way,  they  will  only  cost  me  livres  where  they  now  cost  me 
guineas.  I  must  pray  you,  just  before  the  departure  of  every 
French  packet,  to  send  my  papers  on  hand,  to  Mr.  Jay,  in  this 
way.  I  do  not  know  whether  I  am  subject  to  American  postage 
or  not,  in  general ;  but  I  tliink  newspapers  never  are.  I  have 
sometimes  thought  of  sending  a  copy  of  my  Notes,  to  the  Philo- 
sophical Society,  as  a  tribute  due  to  them  :  but  this  would  seem  as 
if  I  considered  tliem  as  worth  something,  which  I  am  conscious 
they  are  not.  I  will  not  ask  you  for  your  advice  or;  this  occasion, 
because  it  is  one  of  those,  on  which  no  man  is  authorised  to  ask  a 
sincere  opinion.  I  shall  therefore  refer  it  to  further  tlioughts. 
I  am,  with  very  sincere  esteem.  Dear  Sir, 

your  ft-iend  and  servant, 

Th:  Jefferson. 


LETTER    €XIV. 
TO   LISTER    ASQUITH. 

Paris,  September  26,  1785. 

Sir, 
I  have  received  your  letter  of  September  the  19th,  with  your 
log-book  and  other  papers.  I  now  wait  for  the  letter  from  your 
lawyer,  as,  till  1  know  the  real  nature  and  state  of  your  process,  it 
is  impossible  for  me  to  judge  what  can  be  done  for  you  here.  As 
soon  as  I  receive  them,  you  shall  hear  from  me.  In  the  mean  time, 
I  supposed  it  would  be  a  comfort  to  you  to  know,  that  your  papers 
had  come  safe  to  hand,  and  that  I  shall  be  attentive  to  do  what- 
ever circumstances  will  admit. 

I  am.  Sir,  your  very  humble  servant, 

Th:  Jefferson. 


LETTER  CXV. 
TO    R.    IZARD. 

Paris,  September  26,  1785. 


Dear  Sir, 

I  received,  a  few  days  ago,  your  favor  of  the  lOth  of  June,  and 
am  to  thank  you  for  the  trouble  you  have  given  yourself,  to  pro- 
cure me  information  on  the  subject  of  the  commerce  of  your 


335 

State.  I  pray  you  also,  to  take  the  trouble  of  expressing  my  ac- 
knowledgments to  the  Governor  and  Chamber  of  Commerce,  as 
well  as  to  Mr.  Hall,  for  the  very  precise  details  on  this  subject, 
with  which  they  have  been  pleased  to  honor  me.  Your  letter  of 
last  January,  of  which  you  make  mention,  never  came  to  my 
hands.  Of  course,  the  papers  now  received  are  the  first  and  only 
ones  which  have  come  safe.  The  infidelities  of  the  post  offices, 
both  of  England  and  France,  are  not  unknown  to  you.  The 
former  are  the  most  rascally,  because  they  retain  one's  letters,  not 
choosing  to  take  the  trouble  of  copying  them.  The  latter,  when 
they  have  taken  copies,  are  so  civil  as  to  send  the  originals,  re- 
sealed  clumsily  with  a  composition,  on  which  they  have  previously 
taken  the  impression  of  the  seal.  England  shew^s  no  dispositions  to 
enter  into  friendly  connections  with  us.  On  the  contrary,  her  de- 
tention of  our  posts,  seems  to  be  the  speck  which  is  to  produce  a 
storm.  I  judge  that  a. war  with  America  would  be  a  popular  war 
in  England.  Perhaps  the  situation  of  Ireland  may  deter  the  min- 
istry from  hastening  it  on.  Peace  is  at  length  made  between  the 
Emperor  and  Dutch.  The  terms  are  not  published,  but  it  is  said, 
he  gets  ten  millions  of  florins,  the  navigation  of  the  Scheldt  not 
quite  to  Antwerp,  and  two  forts.  However,  this  is  not  to  be  ab- 
solutely relied  on.  The  league  formed  by  the  King  of  Prussia 
against  the  Emperor,  is  a  most  formidable  obstacle  to  his  ambitious 
designs.  It  certainly  has  defeated  his  views  on  Bavaria,  and  will 
render  doubtful  the  election  of  his  nephew  to  be  King  of  the  Ro- 
mans. Matters  are  not  yet  settled  between  him  and  the  Turk. 
In  truth,  he  undertakes  too  much.  At  home  he  has  made  some 
good  regulations. 

Your  present  pursuit  being  (the  wisest  of  all)  agriculture,  I  am 
not  in  a  situation  to  be  usefiil  to  it.  You  know  that  France  is  not 
the  country  most  celebrated  for  this  art.  I  went  the  other  day  to 
see  a  plough  which  was  to  be  worked  by  a  windlass,  without  horses 
or  oxen.  It  was  a  poor  afiair.  With  a  very  troublesome  appa- 
ratus, applicable  only  to  a  dead  level,  four  men  could  do  the  work 
of  two  horses.  There  seems  a  possibility  that  the  great  desidera- 
tum in  the  use  of  the  balloon  may  be  obtained.  There  are  two 
persons  at  Javel  (opposite  to  Auteuil)  who  are  pushing  this  matter. 
They  are  able  to  rise  and  fall  at  will,  without  expending  their  gas, 
and  tliey  can  deflect  forty-five  degrees  from  the  course  of  the 
wind. 

I  took  the  liberty  of  asking  you  to  order  me  a  Charleston 
newspaper.  The  expense  of  French  postage  is  so  enormous,  that 
I  have  been  obliged  to  desire  that  my  newspapers,  from  the  dif- 
ferent States,  may  be  sent  to  the  office  for  Foreign  Affairs  at  New 


326 

York;  and  I  have  requested  of  Mr.  Jay  to  have  them  always 
packed  in  a  box,  and  sent  by  the  Frei^ch  packets  as  merchandise, 
to  the  care  of  the  American  consul  at  L'Orient,  who  will  send 
them  on  by  the  periodical  wagons.  Will  you  permit  me  to  add 
this  to  the  trouble  I  have  before  given  you,  of  ordering  the  printer 
to  send  them,  under  cover  to  Mr.  Jay,  by  such  opportunities  by 
water,  as  occur  from  time  to  time.  This  request  must  go  to  the 
acts  of  your  Assembly  also.  I  shall  be  on  the  watch  to  send  you 
any  thing  that  may  appear  here  on  the  subjects  of  agriculture  or 
tlie  arts,  which  may  be  worth  your  perusal.  I  sincerely  congra- 
tulate Mrs.  Izard  and  yourself,  on  the  double  accession  to  your 
family  by  marriage  and  a  new  birth.  My  daughter  values  much 
your  remembrai)ce  of  her,  and  prays  to  have  her  respects  pre- 
sented to  the  ladies  and  yourself.  In  this  I  join  her,  and  shall 
embrace  with  pleasure  every  opportunity  of  assuring  you  of  the 
sincere  esteem,  with  which  I  have  the  honor  to  be,  Dear  Sir, 
your  most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


LETTER   CXVI. 


Paris,  September  29, 1785. 
Sir, 

I  have  received  your  letter,  and  shall  exert  myself  for  you. 

Be  assured  of  hearing  from  me  soon  :  but  say  nothing  to  any  body, 

except  what  may  be  necessary  to  comfort  your  companions.     I 

add  no  more,  because  the  fate  of  this  letter  is  uncertain.    I  am.  Sir, 

your  very  humble  servant, 

Th:  Jefferson. 


LETTER    CXVII. 
TO    MR.  BELLINI. 

Paris,  September  30,  1785. 


Dear  Sir, 

Your  estimable  favoi-,  covering  a  letter  to  Mr.  Mazzei,  came  to 
hand  on  the  26th  instant.  The  letter  to  Mr.  Mazzei  was  put  into 
his  hands  in  the  same  moment,  as  he  happened  to  be  present.     1 


327 

leave  to  him  to  convey  to  you  all  his  complaints,  as  it  will  be  more 
agreeable  to  me  to  express  to  you  the  satisfaction  I  received,  on 
being  informed  of  your  perfect  health.     Though  I  could  not  re- 
ceive the  same  pleasing  news  of  Mrs.  Bellini,  yet  the  philosophy 
with  which  I  am  told  sjie  bears  the  loss  of  health,  is  a  testimony 
the  more,  how  much  she  deserved  the  esteem  I  bear  her.    Behold 
me  at  length  on  the  vaunted  scene  of  Europe  !  It  is  not  necessary 
for  your  information,  that  I  should  enter  into  details  concerning  it. 
But  you  are,' perhaps,  curious  to  know  how  this  new  scene  has 
struck  a  savage  of  the  mountains  of  America.  Not  advantageously, 
I  assure  you.     I  find  the  general  fate  of  humanity  here,  most  de- 
plorable.    The  truth  of  Voltaire's  observation,  offers  itself  per- 
petually, that  every  man  here  must  be  either  the  hammer  or  the 
anvil.     It  is  a  true  picture  of  that  country  to  which  they  say  we 
shall  pass  hereafter,  and  where  we  are  to  see  God  and  his  angels 
in  splendor,  and  crowds  of  the  damned  trampled  under  their  feet. 
While  the  great  mass  of  the  people  are  thus  suffering  under  physi- 
cal and  moral  oppression,  I  have  endeavored  to  examine  more 
nearly  the  condition  of.  the  great,  to  appreciate  the  true  value  of 
the  circumstances  in  their   situation,   which  dazzle  thb  bulk  of 
spectators,  and,  especially,  to  compare  it  with  that  degree  of  hap- 
piness which  is  enjoyed  in  America,  by  every,  class  of  people.  In- 
trigues of  love  occupy  the  younger,  and  those  of  ambition,  the 
elder  part  of  the  great.    Comugal  love  having  no  existence  among 
them,  domestic  happiness,  of  which  that  is  the  basis,  is  utterly  un- 
known.    In  lieu  of  this,  are  substituted  pursuits  which  nourish  and 
invigorate  all  our  bad  passions,  and  which  offer  only  moments  of 
ecstacy,  amidst  days  and  months  of  restlessness  and  torment.  Much, 
very  much  inferior,  this,  to  the  tranquil,  permanent  felicity  with 
which  domestic  society  in  America,  blesses  most  of  its  inhabitants ; 
leaving  them  to  follow  steadily  those  pursuits  which  health  and 
reason  approve,  and  rendering  truly  delicious  the  intervals  of  those 
pursuits. 

In  science,  the  mass  of  the  people  is  two  centuries  behind  ours ; 
their  literati,  half  a  dozen  years  before  us.  Books,  really  good, 
acquire  just  reputation  in  that  time,  and  so  become  known  to  us, 
and  communicate  to  us  all  their  advances  in  knowledge.  Is  not 
this  delay  compensated,  by  our  being  placed  out  of  the  reach  of 
that  swarm  of  nonsensical  publications,  which  issues  daily  from  a 
thousand  presses,  and  perishes  almost  in  issuing  ?  With  respect  to 
what  are  termed  polite  manners,  without  sacrificing  toa  much  tlie 
sincerity  of  language,  I  would  wish  my  countrymen  to  adopt  just 
so  much  of  European  politeness,  as  to  be  ready  to  make  all  those 
litde  sacrifices  of  self,  which  really  render  European  manners  ami- 


328 

able,  and  relieve  society  from  the  disagreeable  scenes  to  which 
rudeness  often  subjects  it.  Here,  it  seems  that  a  man  might  pass 
a  life  without  encountering  a  single  rudeness.  In  the  pleasures  of 
the  table  they  are  far  before  us,  because,  with  good  taste  they 
unite  temperance.  They  do  not  terminate  the  most  sociable  meals 
by  transforming  themselves  into  brutes.  I  have  never  yet  seen  a 
man  drunk  in  France,  even  among  the  lowest  of  the  people.  Were 
I  to  proceed  to  tell  you  how  much  I  enjoy  their  architecture,  sculp- 
ture, painting,  music,  I  should  want  words.  It  is  in  these  arts  they 
shine.  The  last  of  them,  particularly,  is  an  enjoyment,  the  de- 
privation of  which  with  us,  cannot  be  calculated.  I  am  almost 
ready  to  say,  it  is  the  only  thing  which  from  my  heart  I  envy  them, 
and  which,  in  spite  of  all  the  authority  of  the  Decalogue,  I  do  co- 
vet. But  I  am  running  on  in  an  estimate  of  things  infinitely  better 
known  to  you  than  to  me,  and  which  will  only  serve  to  convince 
you,  that  I  have  brought  with  me  all  the  prejudices  of  country, 
habit  and  age.  But  whatever  I  may  allow  to  be  charged  to  me 
as  prejudice,  in  every  other  instance,  I  have  one  sentiment  at  least, 
founded  on  reality :  it  is  that  of  the  perfect  esteem  which  your 
merit  and  that  of  Mrs.  Bellini  have  produced,  and  which  will  for 
ever  enable  me  to  assure  you  of  the  sincere  regard,  with  which  I 
am,  Dear  Sir, 

your  friend  and  servant, 

Th:  Jeffersoi!!. 


LETTER    CXVIII. 

TO  JAMES  MADISON,  of  William  and  Mary  College. 

Paris,  October  2,  1785. 
Dear  Sir, 

I  have  duly  received  your  favor  of  April  the  10th,  by  Mr.  Maz- 
zei.  You  therein  speak  of  a  new  method  of  raising  water  by 
Steam,  which  you  suppose  will  come  into  general  use.  I  know  of 
no  new  method  of  that  kind,  and  suppose  (as  you  say  that  the 
account  you  have  received  of  it  is  very  imperfect)  that  some  per- 
son has  represented  to  you,  as  new,  a  fire  engine  erected  at  Paris, 
and  which  supplies  the  greater  part  of  the  town  with  water.  But 
this  is  nothing  more  than  the  fire  engine  you  have  seen  described 
in  the  bo9ks  of  hydraulics,  and  particularly  in  the  Dictionary  of 
Arts  and  Sciences,  published  in  8vo,  by  Owen,  the  idea  of  which 
was  first  taken  from  Papin's  Digester.  It  would  have  been  better 
called  the  steam  engine.     The  force  of  the  steam  of  water,  you 


329 

know,  is  immense.  In  this  engine,  it  is  made  to  exert  itself  to- 
wards the  working  of  pumps.  That  of  Paris,  is,  I  believe,  the 
largest  known,  raising  four  hundred  thousand  cubic  feet  (French)  of 
water,  in  twenty-four  hours  :  or  rather,  I  should  have  ssid,  those  of 
Paris,  for  there  are  two  under  one  roof,  each  raising  that  quantity. 

The  Abbe  Rochon  not  living  at  Paris,  I  have  not  had  an  op- 
portunity of  seeing  him,  and  of  asking  him  the  questions  you 
desire,  relative  to  the  crystal  of  which  I  wrote  you.  I  shall  avail 
myself  of  the  earliest  opportunity  I  can,  of  doing  it.  I  shall  cheer- 
fully execute  your  commands  as  to  the  Encyclopedic,  when  I 
receive  them.  The  price  will  be  only  thirty  guineas.  About 
half  tlie  work  is  out.  The  volumes  of  your  Buffon  which  are 
spoiled,  can  be  replaced  here. 

I  expect  that  this  letter  will  be  carried  by  the  Mr.  Fitzhughs,  in  a 
ship  from  Havre  to  Portsmouth.  I  have  therefore  sent  to  Havre, 
some  books  which  I  expected  would  be  acceptable  to  you.  These 
are  the  Bibliotheque  Physico-oeconomique,  which  will  give  you  most 
of  the  late  improvements  in  the  arts;  the  Connoissance  des  tems  for 
1786  and  1787,  which  is  as  late  as  they  are  published;  and  some 
pieces  on  air  and  fire,  wherein  you  will  find  all  the  discoveries 
hitherto  made  on  these  subjects.  These  books  are  made  into  a 
packet,  with  your  address  on  them,  and  are  put  into  a  trunk 
wherein  is  a  small  packet  for  Mr.  Wythe,  another  for  Mr.  Page, 
and  a  parcel  of  books,  without  direction,  for  Peter  Carr.  I  have 
taken  the  liberty  of  directing  the  trunk  to  you,  as  the  surest  means 
of  its  getting  safe.  I  pay  the  freight  of  it  here,  so  that  there  will 
be  no  new  demands,  but  for  the  transportation  from  the  ship's  side 
to  Williamsburg,  which  I  w^ill  pray  you  to  pay;  and  as  much  the 
greatest  part  is  for  my  nephew,  I  will  take  care  to  repay  it  to  you. 

In  the  last  volume  of  the  Connoissance  des  tems,  you  will  find 
the  tables  for  the  planet  Herschel.  It  is  a  curious  circumstance, 
that  this  planet  was  seen  thirty  years  ago  by  Mayer,  and  supposed 
by  him  to  be  a  fixed  star.  He  accordingly  determined  a  place 
for  it,  in  his  catalogue  of  the  zodiacal  stars,  making  it  the  964th 
of  that  catdogue.  Bode,  of  Berlin,  observed  in  1781,  that  this 
star  was  missing.  Subsequent  calculations  of  the  motion  of  tlie 
planet  Herschel,  shew  that  it  must  have  been,  at  the  time  of 
Mayer's  observation,  where  he  had  placed  his  964th  star. 

Herschel  has  pushed  his  discoveries  of  double  stars,  now,  to 
upwards  of  nine  hundred,  being  twice  the  number  of  those  com- 
municated in  the  Philosophical  Transactions.  You  have  probably 
seen,  that  a  Mr.  Pigott  had  discovered  periodical  variations  of  light 
in  the  star  Algol.  He  has  observed  the  same  in  the  v  of  Antinous, 
and  makes  the  period  of  variation  seven  days,  four  hours,  and 
VOL.  I.  42 


330 

thirty  minutes,  the  duration  of  the  increase  sixty-three  hours,  and 
of  the  decrease  thirty-six  hours.  What  are  we  to  conclude  from 
this  ?  That  there  are  suns  which  have  their  orbits  of  revolution 
too  ?  But  this  would  suppose  a  wonderful  harmony  in  their 
planets,  and  present  a  new  scene,  where  the  attracting  powers 
should  be  without,  and  not  within  the  orbit.  The  motion  of  our 
sun  would  be  a  miniature  of  this.  But  this  must  be  left  to  you 
astronomers. 

I  went  some  time  ago,  to  see  a  machine  which  offers  something 
new.  A  man  had  applied  to  a  hght  boat,  a  very  large  screw,  the 
thread  of  which  was  a  thin  plate,  two  feet  broad,  applied  by  its 
edge  spirally  round  a  small  axis.  It  somewhat  resembled  a  bot- 
de  brush,  if  you  will  suppose  the  hairs  of  the  botde  brush  joining 
togedier,  and  forming  a  spiral  plane.  This,  turned  on  its  axis  in 
the  air,  carried  the  vessel  across  the  Seine.  It  is,  in  fact,  a  screw 
which  takes  hold  of  the  air  and  draws  itself  along  by  it :  losing, 
indeed,  much  of  its  effort  by  the  yielding  nature  of  the  body  it 
lays  hold  of,  to  pull  itself  on  by.  I  think  it  may  be  applied  in  the 
water,  with  much  greater  effect,  and  to  very  useful  purposes. 
Perhaps  it  may  be  used  also  for  the  balloon. 

It  is  impossible  but  you  must  have  heard  long  ago,  of  the  machine 
for  copying  letters  at  a  single  stroke,  as  we  had  received  it  in 
America  before  I  left  there.  I  have  written  a  long  letter  to  my 
nephew,  in  whose  education  I  feel  myself  extremely  interested. 
I  shall  rely  much  on  your  friendship  for  conducting  him  in  the  plan 
I  mark  out  for  him,  and  for  guarding  him  against  those  shoals,  on 
which  youth  sometimes  shipwreck.  I  trouble  you  to  present  to 
Mr.  Wythe  my  affectionate  remembrance  of  him,  and  am,  with 
very  great  esteem.  Dear  Sir, 

your  friend  and  servant, 

Th:  Jefferson. 


LETTER   CXIX. 

TO   DR.    FRANKLIN. 

Paris,  October  5,  1785. 


Dear  Sir, 

A  vessel  sailing  from  Havre  to  Philadelphia,  furnishes  the  Messrs. 
Fitzhughs  with  a  passage  to  that  place.  To  them,  therefore,  I 
confide  a  number  of  letters  and  packets  which  I  have  received  for 
you  from  sundry  quarters,  and  which,  I  doubt  not,  they  will  deliver 


331 

safe.  Among  these  is  one  from  M.  Du  Plessis.  On  receipt  of 
your  letter,  in  answer  to  the  one  I  had  written  you,  on  the  subject 
of  his  memorial,  I  sent  to  M.  La  Motte,  M.  Chaumont,  and 
wherever  else  I  thought  there  was  a  probability  of  finding  out  Du 
Plessis'  address.  But  all  in  vain.  I  meant  to  examine  his  me- 
moir, as  you  desired,  and  to  have  it  copied.  Lately,  he  came 
and  brought  it  with  him,  copied  by  himself.  He  desired  me  to 
read  it,  and  enclose  it  to  you,  which  I  have  done. 

We  have  no  public  news  worth  communicating  to  you,  but  the 
signing  of  preliminaries  between  the  Emperor  and  Dutch.  The 
question  is,  then,  with  whom  the  Emperor  will  pick  the  next 
quarrel.  Our  treaty  with  Prussia  goes  by  this  conveyance.  But 
it  is  not  to  be  spoken  of,  till  a  convenient  time  is  allowed  for  ex- 
changing ratifications. 

Science  offers  nothing  new  since  your  departure,  nor  any  new 
publication  worth  your  notice.  All  your  friends  here  are  well. 
Those  in  England,  have  carried  you  captive  to  Algiers.  They 
have  published  a  letter,  as  if  written  by  Truxen,  the  20th  of  Au- 
gust, from  Algiers,  stating  the  circumstances  of  the  capture,  and 
that  you  bore  your  slavery  to  admiration.  I  happened  to  receive 
a  letter  from  Algiers,  dated  August  the  24th,  informing  me  that 
two  vessels  were  then  there,  taken  from  us,  and  naming  the  ves- 
sels and  captains.  This  was  a  satisfactory  proof  to  us,  that  you 
were  not  there.  The  fact  being  so,  we  would  have  gladly  dis- 
pensed with  the  proof,  as  the  situation  of  our  countrymen  there, 
was  described  as  very  distressing. 

Were  I  to  mention  all  those  who  make  inquiries  after  you,  there 
would  be  no  end  to  my  letter.  I  cannot,  however,  pass  over  those 
of  the  good  old  Countess  d'Hoditot,  with  whom  I  dined  on  Satur- 
day, at  Sanois.  They  were  very  affectionate.  I  hope  you  have 
had  a  good  passage.  Your  essay  in  crossing  the  channel,  gave  us 
great  hopes  you  would  experience  little  inconvenience  on  the  rest 
of  the  voyage.  My  wishes  place  you  in  the  bosom  of  your  friends, 
in  good  health,  and  with  a  well  grounded  prospect  of  preserving  it 
k)ng,  for  your  own  sake,  for  theirs,  and  that  of  the  world. 

I  am,  with  the  sincerest  attachment  and  respect.  Dear  Sir, 
your  most  obedient  and 

most  humble  servant, 

Th;  Jefferson. 


332 

LETTER   CXX, 

TO    SAMUEL    OSGOOD. 

Paris,  October  5,  1785. 
Dear  Sir, 

It  was  with  very  sincere  pleasure,  I  heard  of  your  appointment 
to  the  board  of  treasury,  as  well  from  the  hope  that  it  might  not  be 
disagreeable  to  yourself,  as  from  the  confidence  that  your  adminis- 
tration would  be  wise.  I  heartily  wish  the  States  may,  by  their 
contributions,  enable  you  to  re-establish  a  credit,  which  cannot  be 
lower  than  at  present,  to  exist  at  all.  This  is  partly  owing  to  their 
real  deficiencies,  and  partly  to  the  lies  propagated  by  the  London 
papers,  which  are  probably  paid  for  by  the  minister,  to  reconcile 
the  people  to  the  loss  of  us.  Unluckily,  it  indisposes  them,  at  the 
same  time,  to  form  rational  connections  with  us.  Should  tliis  pro- 
duce the  amendment  of  our  federal  constitution,  of  which  your 
papers  give  us  hopes,  we  shall  receive  a  permanent  indemnification 
for  a  temporary  loss. 

All  things  here,  promise  an  arrangement  between  the  Emperor 
and  Dutch.  Their  ministers  have  signed  preliminary  articles, 
some  of  which,  however,  leave  room  for  further  cavil.  The  Dutch 
paj  ten  millions  of  florins,  yield  some  forts  and  territory,  and  the 
navigation  of  the  Scheldt  to  Saftingen.  Till  our  treaty  with  Eng- 
land be  fully  executed,  it  is  desirable  to  us,  that  all  the  world  should 
be  in  peace.     That  done,  their  wars  would  do  us  little  harm. 

I  find  myself  under  difficulties  here,  which  I  will  take  the  liberty 
of  explaining  to  you  as  a  friend.  Mr.  Carmichael  lately  drew  a 
bill  on  Mr.  Grand  for  four  thousand  livres,  I  suppose,  for  his  salary. 
Mr.  Grand  said,  he  was  not  used  to  accept  drafts  but  by  the  de- 
sire of  Dr.  Franklin,  and  rested  it  on  me  to  say,  whether  this  bill 
should  be  paid  or  not.  I  thought  it  improper,  ttiat  the  credit  of  so 
confidential  a  person  as  Mr.  Carmichael,  should  be  affected  by  a 
refusal,  and  therefore  advised  payment.  Mr.  Dumas  has  drawn 
on  me  for  twenty-seven  hundred  livres,  his  half  year's  salary,  in- 
forming me  he  always  drew  on  Dr.  Franklin.  I  shall  advise  the 
payment.  I  have  had  loan  office  bills,  drawn  on  the  commission- 
ers of  the  United  States,  presented  to  me.  My  answer  has  been, 
*  These  are  very  old  bills.  Had  they  been  presented  while  those 
gentlemen  were  in  Europe,  they  would  have  been  paid.  You  have 
kept  them  up  till  Dr.  Franklin,  the  last  of  them,  has  returned  to 
America ;  you  must  therefore  send  them  there,  and  they  will  be 
paid.    I  am  not  the  drawee  described  in  the  bill.'    It  is  impossible 


333 

for  me  to  meddle  with  these  bills.  The  gentlemen  who  had  been 
familiar  with  them,  from  the  beginning,  who  kept  books  of  them, 
and  knew  well  the  form  of  these  books,  often  paid  bills  twice. 
But  how  can  I  interfere  with  them,  who  have  not  a  scrip  of  a  pen 
on  their  subject,  who  never  saw  a  book  relating  to  them,  and  who, 
if  I  had  the  books,  should  much  oftener  be  bewildered  in  the 
labyrinth,  than  the  gentlemen  who  have  kept  them?  I  think  it, 
therefore,  most  advisable,  that  what  bills  remain  out,  should  be 
sent  back  to  America  for  payment,  and  therefore  advise  Mr.  Bar- 
clay to  return  thither,  all  the  books  and  papers  relative  to  them. 
There,  is  the  proper  and  ultimate  deposit  of  all  records  of  this 
nature.  All  these  articles  are  very  foreign  to  my  talents,  and  fo- 
reign also,  as  I  conceive,  to  the  nature  of  my  duties.  Dr.  Frank- 
lin was  obliged  to  meddle  with  them,  from  the  circumstances  which 
existed.  But,  these  having  ceased,  I  suppose  it  practicable  for 
your  board  to  direct  the  administration  of  your  monies  here,  in 
every  circumstance.  It  is  only  necessary  for  me  to  draw  my  own 
allowances,  and  to  order  payment  for  services  done  by  others,  by 
my  direction,  and  within  the  immediate  line  of  my  office ;  such  as 
paying  couriers,  postage,  and  other  extraordinary  services,  which 
must  rest  on  my  discretion,  and  at  my  risk,  if  disapproved  by  Con- 
gress. I  will  thank  you  for  your  advice  on  this  subject,  and  if  you 
think  a  resolution  of  your  board  necessary,  I  will  pray  you  to  send 
me  such  a  one,  and  that  it  may  relieve  me  from  all  concerns  with 
the  money  of  the  United  States,  other  than  those  I  have  just  spoken 
of.  I  do  not  mean  by  this,  to  testify  a  disposition  to  render  no 
service  but  what  is  rigorously  within  my  duty.  I  am  the  farthest 
in  the  world  from  this ;  it  is  a  question  I  shall  never  ask  myself; 
nothing  making  me  more  happy  than  to  render  any  service  in  my 
power,  of  whatever  description.  But  I  wish  only  to  be  excused 
from  intermeddling  in  business,  in  which  1  have  no  skill,  and  should 
do  more  haim  than  good. 

Congress  were  pleased  to  order  me  an  advance  of  two  quarters' 
salary.  At  that  time,  1  supposed  that  I  might  refund  it,  or  spare 
so  much  from  my  expenses,  by  the  time  the  third  quarter  became 
due.  Probably,  they  might  expect  the  same.  But  it  has  been 
impossible.  The  expense  of  my  outfit,  though  I  have  taken  it  up, 
on  a  scale  as  small  as  could  be  admitted,  has  been  very  far  be- 
yond what  I  had  conceived.  I  have,  therefore,  not  only  been 
unable  to  refund  the  advance  ordered,  but  been  obliged  to  go  be- 
yond it.  I  wished  to  have  avoided  so  much,  as  was  occasioned 
by  the  purchase  of  furniture.  But  those  who  hire  furniture,  asked 
me  forty  per  cent.,  a  year,  for  the  use  of  it.  It  was  belter  to  buy, 
therefore ;  and  this  article,  clothes,  carriage,  &ic.  have  amounted  to 


334 

considerably  more  than  the  advance  ordered.  Perhaps,  it  may 
be  thought  reasonable  to  allow  me  an  outfit.  The  usage  of  every 
other  nation  has  established  this,  and  reason  really  pleads  for  it.  I 
do  not  wish  to  make  a  shilling ;  but  only  my  expenses  to  be  de- 
frayed, and  in  a  moderate  style.  On  the  most  moderate,  which 
the  reputation  or  interest  of  those  I  serve,  would  admit,  it  will  take 
me  several  years  to  liquidate  the  advances  for  my  outfit.  I  mention 
this,  to  enable  you  to  understand  the  necessiUes  which  have  oblig- 
ed me  to  call  for  more  money  than  was  probably  expected,  and, 
understanding  them,  to  explain  them  to  others.  Being  perfectly 
disposed  to  conform  myself  decisively,  to  what  shall  be  thought 
proper,  you  cannot  oblige  me  more,  than  by  communicating  to  me 
your  sentiments  hereon,  which  1  shall  receive  as  those  of  a  friend, 
and  govern  myself  accordingly. 

I  am,  with  the  most  perfect  esteem.  Dear  Sir, 
your  friend  and  servant, 

Th:  Jefferson. 


LETTER    CXXl. 

TO    JOHN    JAY. 

Paris,  October  6, 1785. 

Sir, 

My  letter  of  August  the  30th,  acknowledged  the  receipt  of  yours 
of  July  the  13th.  Since  that,  I  have  received' your  letter  of  Au- 
gust the  13th,  enclosing  a  correspondence  between  the  Marquis 
de  la  Fayette  and  Monsieur  de  Calonnes,  and  another  of  the  same 
date,  enclosing  the  papers  in  Fortin's  case.  I  immediately  wrote 
to  M.  Limozin,  at  Havre,  desiring  he  would  send  me  a  state  of 
the  case,  and  inform  me  what  were  the  difficukies  which  suspended 
its  decision.  He  has  promised  me,  by  letter,  to  do  this  as  soon 
as  possible,  and  I  shall  not  fail  in  attention  to  it. 

The  Emperor  and  Dutch  have  signed  preliminaries,  which  are 
now  made  public.  You  will  see  them  in  the  papers  which  ac- 
company this.  They  still  leave  a  good  deal  to  discussion.  How- 
ever, it  is  probable  they  will  end  in  peace.  The  party  in  Hol- 
land, possessed  actually  of  the  sovereignty,  wish  for  peace,  that 
they  may  push  their  designs  on  the  Stadtholderate.  This  country 
wishes  for  peace,  because  her  finances  need  arrangement.  The 
Bavarian  exchange  has  produced  to  public  view,  that  jealousy  and 
rancour  between  the  courts  of  Vienna  and  Berlin,  which  existed 


335 

before,  though  it  was  smothered.  This  will  appear  by  the  decla- 
rations of  the  two  courts.  The  demarcation  between  the  Empe- 
ror and  Turk  does  not  advance.  Still,  however,  I  suppose  neither 
of  those  two  germs  of  war  likely  to  open  soon.  I  consider  the 
conduct  of  France  as  the  best  evidence  of  this.  If  she  had  appre- 
hended a  war  from  either  of  those  quarters,  she  would  not  have 
been  so  anxious  to  leave  the  Emperor  one  enemy  the  less,  by 
placing  him  at  peace  with  the  Dutch.  While  she  is  exerting  all  her 
powers  to  preserve  peace  by  land,  and  making  no  preparation 
which  indicates  a  fear  of  its  being  disturbed  in  that  quarter,  she  is 
pushing  her  naval  preparations,  with  a  spirit  unexampled  in  time  of 
peace.  By  the  opening  of  the  next  spring,  she  will  have  eighty 
ships,  of  seventy-four  guns  and  upwards,  ready  for  sea,  at  a  mo- 
ment's warning ;  and  the  further  constructions  proposed,  will  proba- 
bly, within  two  years,  raise  the  number  to  an  hundred.  New 
regulations  have  been  made,  too,  for  perfecting  the  classification 
of  her  seamen;  an  institution,  which,  dividing  all  the  seamen  of 
the  nation  into  classes,  subjects  them  to  tours  of  duty  by  rotation, 
and  enables  government,  at  all  times,  to  man  their  ships.  Their 
works  for  rendering  Cherbourg  a  harbor  for  their  vessels  of  war, 
and  Dunkirk,  for  frigates  and  privateers,  leave  now  little  doubt  of 
success.  It  is  impossible  that  these  preparations  can  have  in  view, 
any  other  nation  than  the  English.  Of  course,  they  shew  a  greater 
diffidence  of  their  peace  with  them,  than  with  any  other  power. 

I  mentioned  to  you,  in  my  letter  of  August  the  14th,  that  I  had 
desired  Captain  John  Paul  Jones  to  inquire  into  the  circum- 
stances of  Peyrouse's  .expedition.  I  have  now  the  honor  of  en- 
closing you  copies  of  my  letter  to  him,  and  of  his  answer.  IJe 
refuses  to  accept  of  any  indemnification  for  his  expenses,  which  is 
an  additional  proof  of  his  disinterested  spirit,  and  of  his  devotion  to 
the  service  of  America.  The  circumstances  are  obvious,  which 
indicate  an  intention  to  settle  factories,  and  not  colonies,  at  least, 
for  the  present.  However,  nothing  shews  for  what  place  they  are 
destined.  The  conjectures  are  divided  between  New  Holland, 
and  the  northwest  coast  of  America. 

According  to  what  I  mentioned  in  my  letter  of  August  the  30th, 
I  have  appointed  Mr.  Short  my  secretary  here.  I  enclose  to  you 
copies  of  my  letters  to  him  and  Mr.  Grand,  which  will  shew  to 
Congress  that  he  stands  altogether  at  their  pleasure.  I  mention 
this  circumstance,  that,  if  what  I  have  done  meets  with  their  dis- 
approbation, they  may  have  the  goodness  to  signify  it  immediately, 
as  I  should  otherwise  conclude  that  they  do  not  disapprove  it. 
I  shall  be  ready  to  conform  myself  to  what  would  be  most  agree- 
able to  them. 


336 

This  will  be  accompanied  by  the  gazette3  of  France  and  Ley- 
den,  to  the  present  date. 

I  have  the  honor  to  be,  with  sentiments  of  the  highest  esteem 
and  respect,  Sir, 

your  most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


LETTER    CXXII. 

TO    ELBRIDGE    GERRY. 

Paris,  October  11, 1785. 

Dear  Sir, 

I  received,  last  night,  the  letter  signed  by  yourself  and  the  other 
gentlemen,  delegates  of  Massachusetts  and  Virginia,  recommend- 
ing Mr.  Sayre  for  the  Barbary  negotiations.  As  that  was  the  first 
moment  of  its  suggestion  to  me,  you  will  perceive  by  my  letter 
of  this  day,  to  Mr.  Jay,  that  the  business  was  already  established 
in  other  hands,  as  your  letter  came  at  the  same  time  with  the  pa- 
pers actually  signed  by  Mr.  Adams,  for  Messrs.  Barclay  and 
Lambe,  according  to  arrangements  previously  taken  between  us. 
I  should,  with  great  satisfaction,  have  acceded  to  the  recommenda- 
tion in  the  letter :  not  indeed  as  to  Morocco,  because,  no  better 
man  than  Mr.  Barclay  could  have  been  substituted  ;  but  as  to  Al- 
giers, Mr.  Lambe  being  less  known  to  me.  However,  I  hope 
well  of  him,  and  rely  considerably  on  the  aid  he  will  receive  from 
his  secretary,  Mr.  Randall,  who  bears  a  very  good  character. 
I  suppose  Mr.  Adams  entided  to  the  same  just  apology,  as  matters 
were  settled  otherwise,  before  he  probably  received  your  letter. 
I  pray  you  to  communicate  this  to  the  other  gentlemen  of  your 
and  our  delegation,  as  my  justification. 

The  peace  made  between  the  Emperor  and  Dutch,  leaves 
Europe  quiet  for  this  campaign.  As  yet,  we  do  not  know  where 
the  storm,  dissipated  for  the  moment,  will  gather  again.  Proba- 
bly over  Bavaria  or  Turkey.     But  this  will  be  for  another  year. 

When  our  instructions  were  made  out,  they  were  conceived  on 
a  general  scale,  and  supposed  that  all  the  European  nations  would  be 
disposed  to  form  commercial  connections  with  us.  It  is  evident, 
however,  that  a  very  different  degree  of  importance  was  annexed 
to  these  different  states.  Spain,  Portugal,  England  and  France, 
were  most  important.     Holland,  Sweden,  Denmark,  in  a  middling 


337 

degree.  The  others,  still  less  so.  Spain  treats  in  another  line. 
Portugal  is  disposed  to  do  the  same.  England  will  not  treat  at 
all ;  nor  will  France,  probably,  add  to  her  former  treaty.  Failing 
in  the  execution  of  these  our  capital  objects,  it  has  appeared  to 
me,  that  the  pushing  the  treaties  with  the  lesser  powers,  might  do 
us  more  harm  than  good,  by  hampering  the  measures  the  States 
may  find  it  necessary  to  take,  for  securing  those  commercial  inte- 
rests, by  separate  measures,  which  is  refused  to  be  done  here,  in 
concert.  I  have  understood  through  various  channels,  that  the 
members  of  Congress  wished  a  change  in  our  instructions.  I 
have,  in  my  letter  to  Mr.  Jay,  of  this  date,  mentioned  the  present 
situation  and  aspect  of  these  treaties,  for  their  information. 

My  letter  of  the  6th  instant  to  Mr.  Jay,  having  commuHicated 
what  little  there  is  new  here,  I  have  only  to  add  assurances  of  the 
sincere  esteem,  with  which  I  have  the  honor  to  be.  Dear  Sir, 

your  friend  and  servant, 

Th:  Jefferson. 


LETTER    CXXllI. 

TO    THE    COUNT    DE    VERGENNES. 

Paris,  October  11,1785. 

Sir, 
I  have  the  honor  of  enclosing  to  your  Excellency,  a  report  of 
the  voyage  of  an  American  ship,  the  first  which  has  gone  to 
China.  The  circumstance  which  induces  Congress  to  direct  this 
communication,  is  the  very  friendly  conduct  of  the  consul  of  his 
Majesty  at  Macao,  and  of  the  commanders  and  other  officers  of 
the  French  vessels,  in  those  seas.  It  has  been  with  singular  satis- 
faction, that  Congress  have  seen  these  added  to  the  many  other 
proofs  of  the  cordiality  of  this  nation  towards  our  citizens.  It  is 
the  more  pleasing,  when  it  appears  in  the  officers  of  government, 
because,  it  is  then  viewed  as  an  emanation  of  tlie  spirit  of  the  go- 
vernment. It  would  be  an  additional  gratification  to  Congress,  in 
this  particular  instance,  should  any  occasion  arise  of  notifying  those 
officers,  that  their- conduct  has  been  justly  represented  to  your 
Excellency,  on  the  part  of  the  United  States,  and  has  met  yom* 
approbation.  Nothing  will  be  wanting,  on  our  part,  to  foster  cor- 
responding dispositions  in  our  citizens,  and  we  hope  that  proofs  of 
their  actual  existence  have  appeared,  and  will  appear,  whenever 

VOL.  I.  43 


338 

occasion  shall  offer.     A  sincere  affection  between  the  two  people, 
is  the  broadest  basis  on  which  their  peace  can  be  built. 

It  will  always  be  among  the  most  pleasing  functions  of  my  of- 
fice, to  be  made  the  channel  of  communicating  the  friendly  sen- 
timents of  the  two  governments.  It  is  additionally  so,  as  it  gives 
me  an  opportunity  of  assuring  your  Excellency  of  the  high  re- 
spect and  esteem,  with  which  I  have  the  honor  to  be, 
your  Excellency's 

most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


LETTER  CXXIV. 
TO    JOHN    JAY. 


Paris,  October  11,  1785. 

Sir, 

In  my  letter  of  August  the  14th,  I  had  the  honor  of  expressing 
to  you  the  uneasiness  I  felt,  at  the  delay  of  the  instructions  on 
the  subject  of  the  Barbary  treaties,  of  which  Mr.  Lambe  was  the 
bearer,  and  of  informing  you  that  I  had  proposed  to  Mr.  Adams, 
that  if  he  did  not  arrive  either  in  the  French  or  English  packets, 
then  expected,  we  should  send  some  person  to  negotiate  these 
treaties.  As  he  did  not  arrive  in  those  packets,  and  I  found  Mr. 
Barclay  was  willing  to  undertake  the  negotiations,  I  wrote  to  Mr. 
Adams,  (who  had  concurred  in  the  proposition  made  him)  inform- 
ing him  that  Mr.  Barclay  would  go,  and  proposing  papers  for  our 
immediate  signature.  The  day  before  the  return  of  the  courier, 
Mr.  Lambe  arrived  with  our  instructions,  the  letters  of  credence, 
&;c.  enclosed  in  yours  of  March  the  11th,  1785.  Just  about  the 
same  time,  came  to  hand  the  letter  No.  1,  informing  me,  that  two 
American  vessels  were  actually  taken  and  carried  into  Algiers, 
and  leaving  no  further  doubt  that  that  power  was  exercising  hosti- 
lities against  us,  in  the  Atlantic.  The  conduct  of  the  Emperor  of 
Morocco  had  been  such,  as  forbade  us  to  postpone  his  treaty  to 
that  with  Algiers.  But  the  commencement  of  hostilities  by  the 
latter,  and  their  known  activity,  pressed  the  necessity  of  immediate 
propositions  to  them.  It  was  therefore  thought  best,  while  Mr. 
Barclay  should  be  proceeding  with  the  Emperor  of  Morocco,  that 
some  other  agent  should  go  to  Algiers.  We  had  few  subjects  to 
choose  out  of.  Mr.  Lambe's  knowledge  of  the  country,  of  its 
inhabitents,  of  their  manner  of  transacting  business,  the  recommen- 


339 

dations  from  his  State  to  Congress,  of  his  fitness  for  this  employ- 
ment, and  other  information  founding  a  presumption  that  he  would 
be  approved,  occasioned  our  concluding  to  send  him  to  Algiers. 
The  giving  him  proper  authorities,  and  new  ones  to  Mr.  Barclay- 
conformable  to  our  own  new  powers,  was  the  subject  of  a  new 
courier  between  Mr.  Adams  and  myself.  He  returned  last  night, 
and  I  have  the  honor  of  enclosing  you  copies  of  all  the  papers  we 
furnish  those  gentlemen  with ;  which  will  possess  Congress  fully 
of  our  proceedings  herein.  They  are  numbered  from  two  to  ten 
inclusive.  The  supplementary  instruction  to  Mr.  Lambe,  No.  5, 
must  rest  for  justification  on  the  emergency  of  the  case.  The 
motives  which  led  to  it,  must  be  found  in  the  feelings  of  the  hu- 
man heart,  in  a  partiality  for  those  sufferers  who  are  of  our  own 
country,  and  in  the  obligations  of  every  government  to  yield  pro- 
tection to  their  citizens,  as  the  consideration  for  their  obedience. 
It  will  be  a  comfort  to  know,  that  Congress  does  not  disapprove 
this  step. 

Considering  the  treaty  with  Portugal  among  the  most  interest- 
ing to  the  United  States,  I  some  time  ago,  took  occasion  at  Ver- 
sailles, to  ask  of  the  Portuguese  ambassador,  if  he  had  yet  received 
from  his  court,  an  answer  to  our  letter.  He  told  me  he  had  not, 
but  that  he  would  make  it  the  subject  of  another  letter.  Two 
days  ago,  his  secretaire  d'ambassade  called  on  me,  with  a  letter  from 
his  minister  to  the  ambassador,  in  which  was  the  following  paragraph, 
as  he  translated  it  to  me;  and  I  committed  it  to  writing  from  his 
mouth.  ^  Your  Excellency  has  communicated  to  us  the  substance  of 
your  conversation  with  the  American  minister.  That  power  ought 
to  have  been  already  persuaded,  by  the  manner  in  which  its  ves- 
sels have  been  received  here ;  and  consequently  that  his  Majesty 
would  have  much  satisfaction,  in  maintaining  perfect  harmony  and 
good  understanding  with  the  same  United  States.  But  it  would 
be  proper  to  begin  with  the  reciprocal  nomination,  on  both  sides, 
of  persons,  who,  at  least  with  the  character  of  agents,  might  re- 
ciprocally inform  their  constituents,  of  what  might  conduce  to  a 
knowledge  of  the  interests  of  the  two  nations,  without  prejudice  to 
either.  This  first  step  appears  necessary  to  lead  to  the  proposed 
object.' 

By  this,  it  would  seem,  tliat  this  power  is  more  disposed  to  pursue 
a  track  of  negotiation,  similar  to  that  which  Spain  has  done.  I 
consider  this  answer  as  definitive  of  all  further  measures,  under 
our  commission  to  Portugal.  That  to  Spain  was  superseded  by 
proceedings  in  another  line.  That  to  Prussia  is  concluded  by 
actual  treaty  ;  to  Tuscany  will  probably  be  so ;  and  perhaps  to 
Denmark :  and  these,  I  believe,  will  be  the  sum  of  the  effects  of 


340 

our  commissions  for  making  treaties  of  alliance.  England  shews 
no  disposition  to  treat.  France,  should  her  ministers  be  able  to 
keep  the  ground  of  the  .^rre^of  August,  1784,  against  the  clamors 
of  her  merchants,  and  should  they  be  disposed,  hereafter,  to  give 
us  more,  very  probably  will  not  bind  herself  to  it  by  treaty,  but 
keep  her  regulations  dependant  on  her  own  will.  Sweden  will  es- 
tablish a  free  port  at  St.  Bartholomews,  which,  perhaps,  will  render 
any  new  engagement,  on  our  part,  unnecessary.  Holland  is  so 
immovable  in  her  system  of  colony  administration,  that,  as  proposi- 
tions to  her,  on  that  subject,  would  be  desperate,  they  had  better 
not  be  made.  You  will  perceive  by  the  letter  No.  11,  from  the 
Marquis  de  la  Fayette,  that  there  is  a  possibility  of  an  overture 
from  the  Emperor.  A  hint  from  the  charge  des  affaires  of  Na- 
ples, lately,  has  induced  me  to  suppose  something  of  the  same 
kind  from  thence.  But  the  advanced  period  of  our  commissions, 
now  offers  ^ood  cause  for  avoiding  to  begin,  what  probably  cannot 
be  terminated  during  their  continuance  ;  and  with  respect  to  these 
two,  and  all  other  powers  not  before  mentioned,  'I  doubt  whether 
the  advantages  to  be  derived  from  treaties  with  them,  will  coun- 
tervail the  additional  embarrassments  they  may  impose  on  the 
States,  when  they  shall  proceed  to  make  those  commercial  ar- 
rangements, necessary  to  counteract  the  designs  of  the  British 
cabinet.  I  repeat  it,  therefore,  that  the  conclusion  of  the  treaty 
with  Prussia,  and  the  probability  of  others  with  Denmark,  Tuscany 
and  the  Barbary  States,  may  be  expected  to  wind  up  the  proceed- 
ings of  the  general  commissions.  I  think  that,  in  possible  events, 
it  may  be  advantageous  to  us,  by  treaties  with  Prussia,  Denmark 
and  Tuscany,  to  have  secured  ports  in  the  Northern  and  Mediter- 
ranean seas.  I  have  the  honor  to  be,  with  sentiments  of  the 
highest  respect  and  esteerb.  Sir, 

your  most  obedient 

and  most  humble  servant, 

Th:  Jefferson. 


LETTER    CXXV. 
TO    MESSRS.    VAN    STAPHORST. 

Paris,  October  12,  1785. 


Gentlemen, 

The  receipt  of  your  favor,  of  September  the  19th,  should  not  have 
been  so  long  unacknowledged,  but  that  I  have  been  peculiarly  and 
very  closely  engaged  ever  since  it  came  to  hand. 


341 

With  respect  to  the  expediency  of  the  arrangement  you  pro- 
pose to  make  with  Mr.  Parker,  I  must  observe  to  you,  tliat  it  would 
be  altogether  out  of  my  province  to  give  an  official  opinion,  for  your 
direction.  These  transactions  appertain  altogether  to  the  commis- 
sioners of  the  treasury,  to  whom  you  have  very  properly  written 
on  the  occasion.  I  shall  always  be  willing,  however,  to  apprise 
you  of  any  facts  I  may  be  acquainted  with,  and  which  might  ena- 
ble you  to  proceed  with  more  certainty ;  and  even  to  give  my 
private  opinion,  where  I  am  acquainted  with  the  subject,  leaving  you 
the  most  perfect  liberty,  to  give  it  what  weight  you  may  think 
proper.  In  the  present  case,  I  cannot  give  even  a  private  opinion, 
because  I  am  not  told  what  are  precisely  the  securities  offered  by 
Mr.  Parker.  So  various  are  the  securities  of  the  United  States, 
that  unless  they  are  precisely  described  by  their  dates,  considera- 
tion, and  other  material  circumstances,  no  man  on  earth  can  say 
what  they  are  worth.  One  fact,  however,  is  certain,  that  all  debts 
of  any  considerable  amount  contracted  by  the  United  States,  while 
their  paper  money  existed,  are  subject  to  a  deduction,  and  not 
payable  at  any  fixed  period.  I  think  I  may  venture  to  say,  also, 
that  there  are  no  debts  of  the  United  States,  '  on  the  same  footing 
with  the  money  loaned  by  Holland,'  except  those  due  to  the  Kings 
of  France  and  Spain.  However,  I  hope  you  will  soon  receive 
the  answer  of  the  commissioners,  which  alone  can  decide  authori- 
tatively what  is  to  be  done. 

Congress  have  thought  proper  to  entrust  to  Mr.  Adams  and  my- 
self a  certain  business,  which  may  eventually  call  for  great  ad- 
vances of  money :  perhaps,  four  hundred  thousand  livres  or  up- 
wardst  They  have  authorised  us  to  draw  for  this  on  their  funds 
in  Holland.  The  separate  situation  of  Mr.  Adams  and  myself, 
rendering  joint  drafts  inconvenient,  \ye  have  agreed  that  they 
shall  be  made  by  him  alone.  You  will  be  pleaded,  therefore,  to 
give  the  same  credit  to  these  bills,  drawn  by  him,  as  if  tliey  were 
also  subscribed  by  me. 

I  have  the  honor  to  be,  with  high  respect.  Gentlemen, 
your  most  obedient 

and  most  humble  sen^ant, 

Th:  Jefferson. 


342 

LETTER    OXXVI. 
TO    MONSIEUR    DESBORDES. 

Paris,  October  12,  1785. 

Sir, 

There  are,  in  the  prison  of  St.  Pol  de  Leon,  six  or  seven  citizens 
of  the  United  States  of  America,  charged  with  having  attempted 
a  contraband  of  tobacco,  but,  as  they  say  themselves,  forced  into 
that  port  by  stress  of  weather.  I  believe  that  they  are  innocent. 
Their  situation  is  described  me  to  be  as  deplorable,  as  should  be 
that  of  men  found  guilty  of  the  worst  of  crimes.  They  are  in 
close  jail,  allowed  three  sous  a  day  only,  and  unable  to  speak  a 
word  of  the  language  of  the  country.  I  hope  their  distress,  which 
it  is  my  duty  to  relieve,  and  the  recommendation  of  Mr.  Barclay 
to  address  myself  to  you,  will  apologise  for  the  liberty  I  take,  of 
asking  you  to  advise  them  what  to  do  for  thefr  defence,  to  engage 
some  good  lawyer  for  them,  and  to  pass  to  them  the  pecuniary 
reliefs  necessary.  I  write  to  Mr.  Lister  Asquith,  the  owner  of  the 
vessel,  that  he  may  draw  bills  on  me,  from  time  to  time,  for  a  livre 
a  day  for  every  person  of  them,  and  for  what  may  be  necessary 
to  engage  a  lawyer  for  him.  I  will  pray  the  favor  of  you  to  fur- 
nish him  money  for  his  bills,  drawn  on  me  for  these  purposes, 
which  I  will  pay  on  sight.  You  will  judge  if  he  should  go  beyond 
this  allowance,  and  be  so  good  as  to  reject  the  surplus.  I  must 
desire  his  lawyer  to  send  me  immediately  a  state  of  their  case, 
and  let  me  know  in  what  court  their  process  is,  and  when  it  is 
likely  to  be  decided.  I  hope  the  circumstances  of  the  case  will 
excuse  the  freedom  I  take  ;  and  I  have  the  honor  to  be,  with  great 
respect.  Sir, 

your  most  obedient  humble  servant, 

Th:  Jefferson. 


LETTER    CXXVII. 
TO    HOGENDORP. 

Paris,  October  13,1785. 


Dear  Sir, 
Having  been  much  engaged  lately,  I  have  been  unable  sooner 
to  acknowledge  the  receipt  of  your  favor,  of  September  the  8th. 
What  you  are  pleased  to  say  on  the  subject  of  my  Notes,  is  more 


343 

than  they  deserve.  The  condition  in  which  you  first  sa,w  them, 
would  prove  to  you  how  hastily  they  had  been  originally  written; 
as  you  may  remember  the  numerous  insertions  I  had  made  in  them, 
from  time  to  time,  when  I  could  find  a  moment  for  turning  to  tliem 
from  other  occupadons.  I  have  never  yet  seen  Monsieur  de  Buf- 
fon.  He  has  been  in  the  country  all  the  summer.  I  sent  him  a 
copy  of  the  book,  and  have  only  heard  his  sentiments  on  one  par- 
ticular of  it,  that  of  the  identity  of  the  mammoth  and  elephant. 
As  to  this,  he  retains  his  opinion  that  they  are  the  same.  If  you 
had  formed  any  considerable  expectations  from  our  revised  code 
of  laws,  you  will  be  much  disappointed.  It  contains  not  more 
than  three  or  four  laws  which  could  strike  the  attention  of  a  fo- 
reigner. Had  it  been  a  digest  of  all  our  laws,  it  would  not  have 
been  comprehensible  or  instructive,  but  to  a  native.  But  it  is  still 
less  so,  as  it  digests  only  the  British  statutes  and  our  own  acts  of 
Assembly,  which  are  but  a  supplementary  part  of  our  law.  The 
great  basis  of  it  is  ;anterior  to  the  date  of  the  Magna  Charta, 
which  is  the  oldest  statute  extant.  The  only  merit  of  this  work, 
is,  that  it  may  remove  from  our  book  shelves  about  twenty  folio 
volumes  of  statutes,  retaining  all  the  parts  of  them,  which,  either 
their  own  merit  or  the  established  system  of  laws  required. 

You  ask  me  what  are  those  operations  of  the  British  nation,  which 
are  likely  to  befriend  us,  and  how  they  will  produce  this  effect  ? 
The  British  government,  as  you  may  naturally  suppose,  have  it 
much  at  heart  to  reconcile  their  nation  to  the  loss  of  America, 
This  is  essential  to  the  repose,  perhaps,  even  to  the  safety  of  the 
King  and  his  ministers.  The  most  effectual  engines  for  this  pur- 
pose, are  the  public  papers.  You  know  well,  that  that  government 
always  kept  a  kind  of  standing  army  of  news-writers,  who,  without 
any  regard  to  truth,  or  to  what  should  be  like  trutii,  invented,  and 
put  into  the  papers  whatever  might  serve  the  ministers.  This  suf- 
fices with  the  mass  of  the  people,  who  have  no  means  of  distin- 
guishing the  false,  from  the  true  paragraphs  of  a  newspaper.  When 
forced  to  acknowledge  our  independence,  they  were  forced  to  re- 
double their  efforts  to  keep  the  nation  quiet.  Instead  of  a  few  of 
the  papers,  formerly  engaged,  they  now  engaged  every  one.  No 
paper,  therefore,  comes  out  without  a  dose  of  paragraphs  against 
America.  These  are  calculated  for  a  secondary  purpose  also, 
that  of  preventing  the  emigrations  of  their  people  to  America. 
They  dwell  very  much  on  American  bankruptcies.  To  explain 
these,  would  require  a  long  detail ;  but  would  shew  you  that  nine 
tenths  of  tiiese  bankruptcies  are  truly  English  bankruptcies,  in  no 
wise  chargeable  on  America.  However,  they  have  produced  ef- 
fects tiie  most  desirable  of  all  others  for  us.     They  have  destroy- 


944 

ed  our  credit,  and  thus  checked  our  disposition  to  luxury ;  and, 
forcing  our  merchants  to  buy  no  more  than  they  have  ready  money 
to  pay  for,  they  force  them  t<)  go  to  those  markets  where  that  ready 
money  will  buy  most.  Thus  you  see,  they  check  our  luxury,  they 
force  us  to  connect  ourselves  with  all  the  world,  and  they  prevent 
foreign  emigrations  to  our  country,  all  of  which  I  consider  as  ad- 
vantageous to  us.  They  are  doing  us  another  good  turn.  They 
attempt,  without  disguise,  to  possess  themselves  of  the  carriage  of 
our  produce,  and  to  prohibit  our  own  vessels  from  participating  of 
it.  This  has  raised  a  general  indignation  in  America.  The  States 
see,  however,  that  their  constitutions  have  provided  no  means  of 
counteracting  it.  They  are  therefore  beginning  to  vest  Congress 
with  the  absolute  power  of  regulating  their  commerce,  only  reserv- 
ing all  revenue  arising  from  it,  to  the  State  in  which  it  is  levied. 
This  will  consolidate  our  federal  building  very  much,  and  for  this, 
we  shall  be  indebted  to  the  British. 

You  ask  what  I  think  on  the  expediency  of  encouraging  our 
States  to  be  commercial?  Were  I  to  indulge  my  own  theory,  I 
should  wish  them  to  practise  neither  commerce  nor  navigation,  but 
to  stand,  with  respect  to  Europe,  precisely  on  the  footing  of  China. 
We  should  thus  avoid  wars,  and  all  our  citizens  would  be  husband- 
men. Whenever,  indeed,  our  numbers  should  so  increase,  as 
that  our  produce  would  overstock  the  markets  of  those  nations 
who  should  come  to  seek  it,  the  farmers  must  either  employ  the 
surplus  of  their  time  in  manufactures,  or  the  surplus  of  our  hands 
must  be  employed  in  manufactures,  or  in  navigation.  But  that 
day  would,  I  think,  be  distant,  and  we  should  long  keep  our  work- 
men in  Europe,  while  Europe  should  be  drawing  rough  materials, 
and  even  subsistence,  from  America.  But  this  is  theory  only,  and 
a  theory  which ^ the  servants  of  America  are  not  at  liberty  to  follow. 
Our  people  have  a  decided  taste  for  navigation  and  commerce. 
They  take  this  from  their  mother  country  ;  and  their  servants  are 
in  duty  bound  to  calculate  all  their  measures  on  this  datum  :  we 
wish  to  do  it  by  throwing  open  all  the  doors  of  commerce,  and 
knocking  off  its  shackles.  But  as  this  cannot  be  done  for  others, 
unless  they  will  do  it  for  us,  and  there  is  no  great  probability  that 
Europe  will  do  this,  1  suppose  we  shall  be  obliged  to  adopt  a  sys- 
tem which  may  shackle  them  in  our  ports,  as  they  do  us  in  theirs. 

With  respect  to  the  sale  of  our  lands,  that  cannot  begin  till  a 
considerable  portion  shall  have  been  surveyed.  They  cannot  be- 
gin to  survey  till  the  fall  of  the  leaf  of  this  year,  nor  to  sell,  pro- 
bably till  the  ensuing  spring*  So  that  it  will  be  yet  a  twelvemonth, 
before  we  shall  be  able  to  judge  of  the  efficacy  of  our  knd  office, 
to  sink  our  national  debt.     It  is  made  a  fundamental,  thtit  the  pro- 


345         '    ' 

ceeds  shall  be  solely  and  sacredly  applied  as  a  sinking  fund,  to  dis- 
charge the  capital  only  of  the  debt. 

It  is  true  that  the  tobaccos  of  Virginia  go  almost,  entirely  to 
England.  The  reason  is,  the  people  of  that  State  owe  a  great 
debt  there,  which  they  are  paying  as  fast  they  can.  I  tliink  I  have 
now  answered  your  several  queries,  and  shall  be  happy  to  receive 
your  reflections  on  the  same  subjects,  and  at  all  limes  to  hear  of 
your  welfare,  and  to  give  you  assurances  of  the  esteem,  with  which 
1  have  the  honor  to  be.  Dear  Sir, 

your  most  obedient 

and  most  humble  servant, 

Th:  Jefferson. 


LETTER    CXXVni. 

TO    J.    BANNISTER,    JUNIOR. 

Paris,  October  15,  1785. 

Dear  Sir, 
I  should  sooner  have  answered  the  paragraph  in  your  letter,  of 
September  the  19th,  respecting  the  best  seminary  for  the  educa- 
tion of  youth,  in  Europe,  but  that  it  was  necessary  for  me  to  make 
inquiries  on  the  subject.  The  result  of  these  has  been,  to  consi- 
der the  competition  as  resting  between  Geneva  and  Rome.  They 
are  equally  cheap,  and  probably 'are  equal  in  the  course  of  educa- 
tion pursued.  The  advantage  of  Geneva,  is,  that  students- acquire 
there  the  habit  of  speaking  French.  The  advantages  of  Rome, 
are,  the  acquiring  a  local  knowledge  of  a  spot  so  classical  and  so 
celebrated  ;  the  acquiring  the  true  pronunciation  of  the  Latin 
language  ;  a  just  taste  in  the  fine  arts,  more  particularly  those  of 
painting,  sculpture,  architecture,  and  music ;  a  familiarity  with 
those  objects  and  processes  of  agriculture,  which  experience  has 
shewn  best  adapted  to  a  chmate  like  ours;  and  lastly,  the  ad- 
vantage of  a  fine  climate  for  health.  It  is  probable,  too,  that  by 
being  boarded  in  a  French  family,  the  habit  of  speaking  that 
language  may  be  obtained.  I  do  not  count  on  afty  advantage 
to  be  derived  in  Geneva,  from  a  familiar  acquaintance  with  the 
principles  of  that  government.  The  late  revolution  has  rendered 
it  a  tyrannical  aristocracy,  more  likely  to  give  ill,  than  good  ideas 
to  an  American.  I  think  the  balance  in  favor  of  Rome.  Pisa  is 
sometimes  spoken  of,  as  a  place  of  education.     But  it  does  not 

VOL.  I.  44 


346 

offer  the  first  and  third  of  the  advantages  of  Rome.  But  why 
send  an  American  youth  to  Europe  for  education  ?  What  are  the 
objects  of  an  useful  American  education  ?  Classical  knowledge, 
modern  languages,  chiefly  Fr^ch,  Spanish  and  Italian ;  Ma- 
thematics, Natural  philosophy,  Natural  history.  Civil  history,  and 
Ethics.  In  Natural  philosophy,  I  mean  to  include  Chemistry  and 
Agriculture,  and  in  Natural  history,  to  include  Botany,  as  well  as 
the  other  branches  of  those  departments.  It  is  true  that  the  habit 
of  speaking  the  modern  languages,  cannot  be  so  well  acquired  in 
America ;  but  every  other  article  can  be  as  well  acquired  at 
William  and  Mary-  college,  as  at  any  place  in  Europe,  When 
college  education  is  done  with,  and  a  young  man  is  to  prepare 
himself  for  public  life,  he  must  cast  his  eyes  (for  America)  either 
on  Law  or  Physic.  For  the  former,  where  can  he  apply  so  ad- 
vantageously as  to  Mr.  Wythe  ?  For  the  latter,  lie  must  come  to 
Europe  :  the  medical  class  of  students,  therefore,  is  the  only  one 
which  need  come  to  Europe.  Let  us  view  the  disadvantages  of 
sending  a  youth-  to  Europe.  To  enumerate  them  all,  would  re- 
quire a  volume.  I  will  select  a  few.  If  he  goes  to  England,  he 
learns  drinking,  horse  racing  and  boxing.  These  are  the  pecu- 
liarities of  English  education.  The  following  circumstances  are 
common  to  education  in  that,  and  the  other  countries  of  Europe. 
He  acquires  a  fondness  for  European  luxury  and  dissipation,  and 
a  contempt  for  the  simplicity  of  his  own  country ;  he  is  fascinated 
with  the  privileges  of  the  European  aristocrats,  and  sees,  with  ab- 
horrence, the  lovely  equality  which  the  poor  enjoy  with  the  rich, 
in  his  own  country  ;  he  contracts  a  partiality  for  aristocracy  or 
monarchy  ;  he  forms  foreign  friendships  which  will  never  be  useful 
to  him,  and  loses  the  season  of  life  for  forming  In  his  own  country, 
those  friendships,  which,  of  all  others,  are  the  most  faithful  and  per- 
manent ;  he  is  led  by  the  strongest  of  all  the  human  passions,  into 
a  spirit  for  female  Intrigue,  destructive  of  his  own  and  others'  hap- 
piness, or  a  passion  for  whores,  destructive  of  his  health,  and,  In 
both  cases,  learns  to  consider  fidelity  to  the  marriage  bed  as  an 
ungentlemanly  practice,  and  inconsistent  with  happiness  ;  he  re- 
collects the  voluptuary  dress  and  arts  of  the  European  women, 
and  pities  and  despises  the  chaste  affections  and  simplicity  of  those 
of  his  own  country ;  he  retains,  through  life,  a  fond  recollection, 
and  a  hankering  after  those  places,  which  were  the  scenes  of  his 
first  pleasures  and  of  his  first  connections ;  he  returns  to  his  own 
country,  a  foreigner,  unacquainted  with  the  practices  of  domestic 
economy,  necessary  to  preserve  him  from  ruin,  speaking  and  wri- 
ting his  native  tongue  as  a  foreigner,  and  therefore  unqualified  to 
obtain  those  distinctions,  which  eloquence  of  the  pen  and  tongue 


347 

ensures  in  a  free  country ;  for  I  would  observe  to  you,  that  what 
is  called  style  in  writing  or  speaking,  is  formed  very  early  in  life, 
while  the  imagination  is  warm,  and  impressions  are  permament. 
I  am  of  opinion,  that  there  never  was  an  instance  of  a  man's  wri- 
ting or  speaking  his  native  tongue  with  elegance,  w^ho  passed  from 
fifteen  to  twenty  years  of  age,  out  of  the  country  where  it  was  spo- 
ken. Thus,  no  instance  exists  of  a  person's  writing  two  languages 
perfectly.  That  will  always  appear  to  be  his  native  language, 
which  was  most  familiar  to  him  in  his  youth.  It  appears  to  me 
then,  that  an  American  coming  to  Europe  for  education,  loses  in 
his  knowledge,  in  his  morals,  in  his  health,  in  his  habits,  and  in  his 
happiness.  I  had  entertained  only  doubts  on  this  head,  before  I 
came  to  Europe  :  what  I  see  and  hear,  since  I  came  here,  proves 
more  than  I  had  even  suspected.  Cast  your  eye  over  Ame- 
rica :  who  are  the  men  of  most  learning,  of  most  eloquence,  most 
beloved  by  their  countrymen,  and  most  trusted  and  promoted  by 
them?  They  are  those  who  have  been  educated  among  them,  and 
whose  manners,  morals  and  habits,  are  perfectly  homogeneous  with 
those  of  "the  country. 

Did  you  expect -by  so  short  a  question,  to  draw  such  a  sermon 
on  yourself?  I  dare  say  you  did  not.  But  the  consequences  of 
foreign  education  are  alarming  to  me,  as  an  Arnerican.  I  sin, 
therefore,  through  zeal,  whenever  I  enter  on  the  subject.  You  are 
sufficiently  American  to  pardon  me  for  it.  Let  me  hear  of  your 
health,  and  be  assured  of  the  esteem  with  which  I  am,  Dear  Sir, 

your  friend  and  servant, 

Th  :  Jefferson. 


Dear  Sir, 


LETTER    ex  XIX. 
TO    MR.     CARMICHAEL. 

Paris,  October  18,  1785. 


Your  favor  of  the  29th  of  September,  came  safely  to  hand : 
the  constant  expectation  of  the  departure  of  the  persons  whom  I 
formerly  gave  you  reason  to  expect,  has  prevented  my  writing,  as 
it  has  done  yours.  They  will  probably  leave  this  in  a  week,  but 
their  route  will  be  circuitous  and  attended  with  delays.  Between 
the  middle  and  last  of  November,  they  may  be  with  you.  By 
them,  you  will  receive  a  cypher,  by  which  you  may  communicate 
with  Mr.   Adams  and  myself.     1  should  have  sent  it  by  Baron 


348 

Dreyer,  the  Danish  minister  ;  but  I  then  expected  our  own  con- 
veyance would  have  been  quicker.  Having  mentioned  this  gen- 
tleman, give  me  leave  to  recommend  him  to  your  acquaintance. 
He  is  plain,  sensible,  and  open:  he  speaks  English  well,  and  had 
he  been  to  remain  here,  I  should  have  cultivated  his  acquaintance 
much.     Be  so  good  as  to  present  me  very  respectfully  to  him. 

This  being  to  go  by  post,  I  shall  only  add  the  few  articles  of 
general  American  news,  by  the  last  packet.  Dr.  Franklin  arrived 
in  good  health  at  Philadelphia,  the  15tli  ult.,  and  was  received 
amidst  the  acclamations  of  an  immense  crowd.  No  late  event 
has  produced  greater  demonstrations  of  joy.  It  is  doubted  whether 
Congress  will  adjourn  this  summer ;  but  they  are  so  thin,  they  do  not 
undertake  important  business.     Our  western  posts  are  in  statu  quo. 

I  have  the  honor  to  be,  with  great  esteem.  Dear  Sir, 
your  friend  and  servant, 

Th:  Jefferson. 


LETTER    CXXX. 
TO    MESSRS.    VAN    STAPHORSTS. 

Paris,  October  25,  1785. 

Gentlemen, 

I  received  yesterday  your  favor  of  the  20th  instant.  In  order 
to  give  you  the  information  you  desire,  on  the  subject  of  the  liqui- 
dated debts  of  the  United  States,  and  the  comparative  footing  on 
which  they  stand,  I  must  observe  to  you,  that  the  first  and  great 
division  of  our  federal  debt,  is,  into  1.  foreign;  and  2.  domestic. 
The  foreign  debt  comprehends,  1.  the  loan  from  the  govern- 
ment of  Spain ;  2.  the  loans  from  the  government  of  France, 
and  from  the  Farmers  General ;  3.  the  loans  negotiated  in  Hol- 
land, by  order  of  Congress.  This  branch  of  our  debt  stands 
absolutely  singular :  no  man  in  the  United  States  having  ever  sup- 
posed, that  Congress,  or  their  legislatures,  can,  in  any  wise,  modify 
or  alter  it.  They  justly  view  the  United  States  as  the  one  party, 
and  the  lenders  as  the  other,  and  that  the  consent  of  both  would 
be  requisite,  were  any  modification  to  be  proposed.  But  with 
respect  to  the  domestic  debt,  they  consider  Congress  as  represent- 
ing both  the  borrowers  and  lenders,  and  that  the  modifications 
which  have  taken  place  in  this,  have  been  necessary  to  do  justice 
between  the  two  parties,  and  that  they  flowed  properly  from  Con- 
gress as  their  mutual  umpire.     The  domestic  debt  comprehends 


349 

1.  the  army  debt;  2.  the  loan  office  debt;  3.  the  liquidated 
debt ;  and  4.  the  unliquidated  debt.  The  first  term  includes 
debts  to  the  officers  and  soldiers  for  pay,  bounty  and  subsistence. 
The  second  term  means  monies  put  into  the  loan  office  of  the 
United  States.  The  third  comprehends  all  debts  contracted  by 
quarter  masters,  commissaries,  and  others  duly  authorised  to  pro- 
cure supplies  for  the  army,  and  which  have  been  liquidated  (that 
is,  settled)  by  commissioners  appointed  under  the  resolution  of 
Congress,  of  June  the  12th,  1780,  or  by  the  officer  who  made  the 
contract.  The  fourth  comprehends  the  whole  mass  of  debts,  de- 
scribed in  the  preceding  article,  which  have  not  yet  been  liqui- 
dated. These  are  in  a  course  of  liquidation,  and  are  passing  over 
daily  into  the  third  class.  The  debts  of  this  third  class,  that' is, 
the  liquidated  debt,  is  the  object  of  your  inquiry.  No  time  is 
fixed  for  the  payment  of  it,  no  fund  as  yet  determined,  nor  any 
firm  provision  for  the  interest  in  the  mean  time.  The  consequence 
is^  that  the  certificates  of  these  debts  sell  greatly  below  par. 
When  I  left  America,  they  could  be  bought  for,  from  two  shillings 
and  sixpence  to  fifteen  shillings,  in  the  pound  :  this  difference  pro- 
ceeding from  the  circumstance,  of  some  States'  having  provided  for 
paying  the  interest  on  those  due  in  their  own  State,  which  others 
had  not.  Hence,  an  opinion  had  arisen  with  some,  and  proposi- 
tions had  even  been  made  in  the  legislatures,  for  paying  off  the 
principal  of  these  debts  with  what  they  had  cost  the  holder,  and 
interest  on  that.  This  opinion  is  far  from  being  general,  and  I 
think  will  not  prevail.     But  it  is  among  possible  events. 

I  have  been  thus  particular,  that  you  might  be  able  to  judge,  not 
only  in  the  present  case,  but  also  in  others,  should  any  attempts  be 
made  to  speculate  in  your  city,  on  these  papers.  It  is  a  business, 
in  which  foreigners  will  be  in  great  danger  of  being  duped.  It  is 
a  science  which  bids  defiance  to  the  powers  of  reason.  To  un- 
derstand it,  a  man  must  not  only  be  on  the  spot,  and  be  perfectly 
possessed  of  all  the  circumstances  relative  to  every  species  of  these 
papers,  but  he  must  have  that  dexterity  which  the  habit  of  buying 
and  selling  them,  alone  gives.  The  brokers  of  these  certificates 
are  few  in  number,  and  any  other  person  venturing  to  deal  with 
them,  engages  in  a  very  unequal  contest. 

I  have  the  honor  to  be,  with  the  highest  respect,  gentlemen, 
your  most  obedient  humble  servant, 

Th;  Jefferson. 


350 

LETTER    CXXXI. 

TO    WILLIAM    CARMICHAEL. 

Paris,  November  4,  1785. 
Dear  Sir, 

I  had  the  honor  of  writing  you  on  the  1 8th  of  October,  and 
again,  on  the  25th  of  the  same  montli.  Both  letters,  being  to  pass 
through  the  post  offices,  were  confined  to  particular  subjects.  The 
first  of  thein  acknowledged  the  receipt  of  yours,  of  September 
the  29th. 

At  length,  a  confidential  opportunity  arrives  for  conveying  to  you 
a  cypher;  it  will  be  handed  you  by  the  bearer,  Mr.  Lambe.  Co- 
pies of  it  are  in  the  hands  of  Mr.  Adams,  at  London,  Mr.  Barclay, 
who  is  proceeding  to  Morocco,  and  Mr.  Lambe,  who  is  proceed- 
ing to  Algiers.  This  enables  us  to  keep  up  such  correspondences 
with  each  other,  as  may  be  requisite.  Congress,  in  the  spring  of 
1784,  gave  powers  to  Mr.  Adams,  Dr.  Franklin  and  myself^  to 
treat  with  the  Barbary  States.  But  they  gave  us  no  money  for 
them,  and  the  other  duties  assigned  us  rendered  it  impossible  for 
us  to  proceed  thither  in  person.  These  things  having  been  repre- 
sented to  them,  they  assigned  to  us  a  certain  sum  of  money,  and 
gave  us  powers  to  delegate  agents  to  treat  with  those  States,  and 
to  form  preliminary  articles,  but  confining  to  us  the  signing  of  them 
in  a  definitive  form.  They  did  not  restrain  us  in  the  appointment 
of  the  agents;  but  the  orders  of  Congress  were  brought  to  us  by 
Mr.  Lambe,  they  had  waited  for  him  four  months,  and  the  re- 
commendations he  brought,  pointed  him  out,  in  our  opinion,  as  a 
person  who  would  meet  the  approbation  of  Congress.  We  there- 
fore appointed  him  to  negotiate  with  the  Algerines.  His  manners 
and  appearance  are  not  promising.  But  he  is  a  sensible  man,  and 
seems  to  possess  some  talents  which  may  be  proper  in  a  matter  of 
bargain.  We  have  joined  with  him,  as  secretary,  a  Mr.  Randall, 
from  New  York,  in  whose  prudence  we  hope  he  will  find  con- 
siderable aid.  They  now  proceed  to  Madrid,  merely  with  the 
view  of  seeing  you,  as  we  are  assured  they  will  receive  from  you 
lights  which  may  be  useful  to  them.  I  hear  that  d'Expilly  and 
the  Algerine  ministers  have  gone  from  Madrid.  Letters  from  Al- 
giers, of  August  the  24th,  inform  me,  that  we  had  two  vessels  and 
their  crews  in  captivity  there,  at  that  time.  I  have  never  had  rea- 
son to  believe  certainly,  that  any  others  had  been  captured.  Should 
Mr.  Lambe  have  occasion  to  draw  bills,  while  in  Spain,  on  Mr. 
Adams,  you  may  safely  assure  the  purchasers  that  they  will  be 
paid. 


351 

An  important  matter  detains  Mr.  Barclay  some  days  longer,  and 
his  journey  to  Madrid  will  be  circuitQus.  Perhaps  he  may  arrive 
there  a  month  later  than  Lambe.  It  would  be  well  if  die  Em- 
peror of  Morocco  could,  in  the  mean  time,"  know  that  such  a  per- 
son is  on  the  road.  Perhaps  you  may  have  an  opportunity  of 
notifying  this  to  him  officially,  by  asking  from  him  passports  for  Mr. 
Barclay  and  his  suite.  This  would  be  effecting  two  good  purposes 
at  once,  if  you  can  find  an  opportunity. 

Your  letter  of  September  the  2nd,  did  not  get  to  my  hands  till 
these  arrangements  were  all  taken  between  Mr.  Adams  and  my- 
self, and  the  persons  appointed.  That  gave  me  the  first  hint  that 
you  would  have  acted  in  this  business.  I  mean  no  flattery  when 
I  assure  you,  that  no  person  would  have  better  answered  my  wishes. 
At  the  same  time,  I  doubt  whether  Mr.  Adams  and  myself  should 
have  thought  ourselves  justifiable,  in  withdrawing  a  servant  of  the 
United  States,  from  a  post  equally  important  with  those,  which  pre- 
vented our  acting  personally  in  the  same  business.  I  am  sure,  that, 
remaining  where  you  are,  you  will  be  able  to  forward  much  the 
business,  and  that  you  will  do  it  with  the  zeal  you  have  hitherto 
manifested  on  every  occasion, 

Your  intercourse  with  America  being  less  frequent  than  ours, 
from  this  place,  I  will  state  to  you,  generally,  such  new  occurrences 
there,  as  may  be  interesting  ;  some  of  which,  perhaps,  you  will  not 
have  been  informed  of.  It  was  doubtful,  at  the  date  of  my  last 
letters,  whether  Congress  would  adjourn  this  summer.  They  were 
too  thin,  however,  to  undertake  important  business.  They  had 
begun  arrangements  for  the  establishment,  of  a  mint.  The  Dollar 
was  decided  on  as  die  money  Unit  of  America.  1  believe,  they 
proposed  to  have  gold,  silver  and  copper  coins,  descending  and 
ascending  decimally ;  viz.  a  gold  coin  of  ten  dollars,  a  silver  coin  of 
one  tenth  of  a  dollar  (equal  to  a  Spanish  bit),  and  a  copper,  of  one 
hundredth  of  a  dollar.  These  parts  of  the  plan,  however,  were 
not  ultimately  decided  on.  They  have  adopted  the  late  improve- 
ment in  the  British  post  office,  of  sending  their  mails  by  the  stages. 
I  am  told,  this  is  done  from  New  Hampshire  to  Georgia,  and  from 
New  York  to  Albany.  Their  treasury  is  administered  by  a  board, 
of  which  Mr.  Walter  Livingston,  Mr.  Osgood,  and  Dr.  Arthur  Lee, 
are  members.  Governor  Rutledge,  who  had  been  appointed  mi- 
nister to  the  Hague,  on  the  refusal  of  Governor  Livingston,  declines 
coming.  We  are  uncertain  whether  the  States  will  generally  come 
into  the  proposition,  of  investing  Congress  with  the  regulation  of 
their  cornmerce.  Massachusetts  has  passed  an  act,  the  first  object 
of  which  seemed  to  be,  to  retaliate  on  the  Briush  commercial 
measures,  but  in  the  close  of  it,  they  impose  double  duties  on  all 


352 

goods  imported  in  bottoms  not  wholly  owned  by  citizens  of  our 
States.  New  Hampshire  has  followed  the  example.  This  is  much 
complained  of  here,  and  will  probably  draw  retaliating  measures 
from  the  States  of  Europe,  if  generally  adopted  in  America,  or 
not  corrected  by  the  States  which  have  adopted  it.  It  must  be 
our  endeavor  to  keep  them  quiet  on  this  side  the  water,  under  the 
hope  that  our  countrymen  will  correct  this  step ;  as  I  trust  they 
will  do.  It  is  no  ways  akin  to  their  general  system.  I  am  trying 
here,  to  get  contracts  for  the  supplying  the  cities  of  France  with 
whale  oil,  by  the  Boston  merchants.  It  would  be  the  greatest  re- 
lief possible  to  that  State,  whose  commerce  is  in  agonies,  in  con- 
sequence of  being  subjected  to  alien  duties  on  their  oil,  in  Great 
Britain,  which  has  been  heretofore  their  only  market.  Can  any 
thing  be  done,  in  this  way,  in  Spain?  Or  do  they  there  light  tlieir 
streets  in  the  night  ? 

A  fracas  which  has  lately  happened  in  Boston,  becoming  a  se- 
rious matter,  I  will  give  you  the  details  of  it,  as  transmitted  to  Mr. 
Adams  in  depositions.  A  Captain  Stanhope,  commanding  tlie  fri- 
gate Mercury,  was  sent  with  a  convoy  of  vessels  from  Nova  Scotia 
to  Boston,  to  get  a  supply  of  provisions  for  that  colony.  It  had 
happened,  that  two  persons  living  near  Boston,  of  the  names  of 
Dunbar  and  Lowthorp,  had  been  taken  prisoners  during  the  war, 
and  transferred  from  one  vessel  to  another,  till  they  were  placed 
on  board  Stanhope's  ship.  He  treated  them  most  cruelly,  whip- 
ping them  frequently,  in  order  to  make  them  do  duty  against  their 
country,  as  sailors,  on  board  his  ship.  The  ship  going  to  Antigua 
to  refit,  he  put  all  his  prisoners  into  jail,  first  giving  Dunbar  twenty- 
four  lashes.  Peace  took  place,  and  the  prisoners  got  home  under 
the  general  liberation.  These  men  were  quietly  pursuing  their 
occupations  at  home,  when  they  heard  that  Stanhope  was  in  Bos- 
ton. Their  indignation  was  kindled.  They  immediately  went 
there,  and,  meeting  Stanhope  walking  in  the  mall,  Dunbar  stepped 
up  to  him,  and  asked  him  if  he  recollected  him,  and  the  whipping 
him  on  board  his  ship.  Having  no  weapon  in  his  hand,  he  struck 
at  Stanhope  with  his  fist.  Stanhope  stepped  back,  and  drew  his 
sword.  The  people  interposed,  and  guarded  him  to  the  door  of 
a  Mr.  Morton,  to  which  he  retreated.  There,  Dunbar  again  at- 
tempted to  seize  him ;  but  the  high  sheriff  had  by  this  time  arriv- 
ed, who  interposed  and  protected  him.  The  assailants  withdrew, 
and  here  ended  all  appearance  of  force.  But  Captain  Stanhope 
thought  proper  to  write  to  the  Governor,  which  brought  on  the 
correspondence  published  in  the  papers  of  Europe.  Lest  you 
should  not  have  seen  it,  I  enclose  it,  as  cut  from  a  London  pa- 
per ;  though  not  perfectly  exact,  it  is  substantially  so.     You  will 


353 

doubtless  judge,  that  Governor  Bowdoin  referred  him  properly  to 
the  laws  for  redress,  as  he  was  obliged  to  do,  and  as  would  have 
been  done  in  England,  in  a  like  case.  Had  he  applied  to  the 
courts,  the  question  would  have  been,  whether  they  would  have 
punished  Dunbar  ?  This  must  be  answered  now  by  conjecture 
only ;  and,  to  form  that  conjecture,  every  man  must  ask  himself, 
whether  he  would  not  have  done  as  Dunbar  did  ?  And  whether 
the  people  should  not  have  permitted  him,  to  return  to  Stanhope 
the  twenty-four  lashes  ?  This  affair  has  been  stated  in  the  London 
papers,  without  mixing  with  it  one  circumstance  of  truth. 

In  your  letter  of  the  27th  of  June,  you  were  so  good  as  to  tell 
me,  that  you  should  shortly  send  off  some  of  the  books  I  had  taken 
the  liberty  to  ask  you  to  get  for  me,  and  that  your  correspondent  at 
Bayonne,  would  give  me  notice  of  their  arrival  there.  Not  having 
heard  from  him,  I  mention  it  to  you,  lest  they  should  be  stopped 
any  where. 

I  am,  with  great  respect,  Dear  Sir, 

your  most  obedient  humble  servant, 

Th  :  Jefferson. 


LETTER    CXXXII. 
TO    RICHARD     o'bRYAN. 

Paris,  November  4, 1785. 
Sir, 

I  wrote  you  a  short  letter  on  the  29th  of  September,  acknow- 
ledging the  receipt  of  yours  of  August  the  24th,  from  Algiers, 
and  promising  that  you  should  hear  further  from  me  soon.  Mr. 
Adams,  the  American  minister  at  London,  and  myself,  have  agreed 
to  authorise  the  bearer  hereof,  Mr.  Lambe,  to  treat  for  your  re- 
demption, and  that  of  your  companions  taken  in  American  vessels, 
and,  if  it  can  be  obtained  for  sums  within  our  powej; ,  we  shall 
have  the  money  paid.  But  in  this,  we  act  without  instruction 
from  Congress,  and  are  therefore  obliged  to  take  the  precaution 
of  requiring,  that  you  bind  your  owners  for  yourself  and  crew, 
and  the  other  captain,  in  like  manner,  his  owners  for  himself  and 
crew,  and  that  each  person,  separately,  make  himself  answerable 
for  his  own  redemption,  in  case  Congress  requires  it.  I  suppose 
Congress  will  not  require  it :  but  we  have  no  authority  to  decide 
that,  but  must  leave  it  to  their  own  decision ;  which  renders  neces- 
sary tiie  precautions  I  have  mentioned,  in  order  to  justify  ourselves 
VOL.  I.  45 


354 

for  undertaking  to  redeem  you,  without  orders.  Mr.  Lambe  is 
instructed  to  make  no  bargain  without  your  approbation,  and  that 
of  the  other  prisoners,  each  for  himself.  We  also  direct  him  to 
relieve  your  present  necessities.  I  sincerely  wish  you  a  speedy 
deliverance  from  your  distresses,  and  a  happy  return  to  your 
family. 

I  am.  Sir,  your  most  obedient  humble  servant, 

Th:  Jefferson. 


LETTER    CXXXIII. 
TO    W.     W.    SEWARD. 

Paris,  November  12,  1785. 

Sir, 
I  received  the  honor  of  your  letter,  of  the  25th  ult.,  written  by 
desire  of  the  associated  company  of  Irish  merchants,  in  London, 
and  return  you  thanks  for  the  kind  congratulations  you  express 
therein.  The  freedom  of  commerce  between  Ireland  and  Ame- 
rica, is  undoubtedly  very  interesting  to  both  countries.  If  fair  play 
be  given  to  the  natural  advantages  of  Ireland,  she  must,  come  in 
for  a  distinguished  share  of  that  commerce.  She  is  entitled  to  it, 
from  the  excellence  of  some  of  her  manufactures,  the  cheapness 
of  most  of  them,  their  correspondence  with  the  American  taste, 
a  sameness  of  language,  laws  and  manners,  a  reciprocal  affecdon 
between  the  people,  and  the  singular  circumstance  of  her  being 
the  nearest  European  land  to  the  United  States.  I  am  not,  at 
present,  so  well  acquainted  with  the  trammels  of  Irish  commerce,  as 
to  know  what  they  are,  particularly,  which  obstruct  the  intercourse 
between  Ireland  and  America ;  nor  therefore,  what  can  be  the  ob- 
ject of  a  fleet  stationed  in  the  western  ocean,  to  intercept  that  in- 
tercourse. Experience,  however,  has  taught  us  to  infer  that  the 
fact  is  probable,  because  it  is  impolitic.  On  the  supposition  that 
this  interruption  will  take  place,  you  suggest  Ostend  as  a  conve- 
nient enterpot  for  the  commerce  between  America  and  Ireland. 
Here  too,  I  find  myself,  on  account  of  the  same  ignorance  of  your 
commercial  regulations,  at  a  loss  to  say  why  this  is  preferable  to 
L'Orient,  which,  you  know,  is  a  free  port  and  in  great  latitude, 
which  is  nearer  to  both  parties,  and  accessible  by  a  less  dangerous 
navigation.  I  make  no  doubt,  however,  that  the  reasons  of  the 
preference  are  good.  You  find  by  this  essay,  that  I  am  not  likely 
to  be  a  very  instructive  correspondent :  you  sljall  find  me,  however. 


355 

zealous  in  whatever  may  concern  the  interests  of  the  two  countries. 
The  system  into  which  the  United  States  wished  to  go,  was  that 
of  freeing  commerce  from  every  shackle.  A  contrary  conduct  in 
Great  Britain,  will  occasion  them  to  adopt  the  contrary  system,  at 
least,  as  to  that  island.  I  am  sure  they  w^ould  be  glad,  if  it  should 
be  found  practicable,  to  make  that  discrimination  between  Great. 
Britain  and  Ireland,  which  their  commercial  principles,  and  their 
affection  for  the  latter,  would  dictate. 

I  have  the  honor  to  be,  with  the  highest  respect  for  yourself  and 
the  company  for  whom  you  write,  Sir, 

your  most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


LETTER  CXXXIV. 

TO    THE    COUNT    DE    VERGENNES. 

Paris,  November  14,  1785. 
Sir, 

I  take  the  liberty  of  troubling  your  Excellency  on  behalf  of  six 
citizens  of  the  United  States,  who  have  been,  for  some  time,  con- 
fined in  the  prison  of  St.  Pol  de  Leon,  and  of  referring  for  parti- 
culars, to  the  enclosed  state  of  their  case.  Some  of  the  material 
facts  therein  mentioned,  are  founded  on  the  bill  of  sale  for  the 
vessel,  her  clearance  from  Baltimore,  and  her  log  book.  The 
originals  of  the  two  last,  and  a  copy  of  the  first,  are  in  my  hands. 
I  have,  also,  letters  from  a  merchant  in  Liverpool  to  Asquith, 
which  render  it  really  probable  that  his  vessel  was  bound  to  Liver- 
pool. The  other  circumstances  depend  on  their  affirmation,  but 
I  must  say,  that  in  these  facts,  they  have  been  uniform  and  steady. 
I  have  thus  long  avoided  troubling  your  Excellency  with  this  case, 
in  hopes  it  would  receive  its  decision,  in  the  ordinary  course  of 
law,  and  I  relied,  that  that  would  indemnify  the  sufferers,  if  they 
had  been  used  unjustly  :  but  though  they  have  been  in  close  con- 
finement, now  near  three  months,  it  has  yet  no  appearance  of  ap- 
proaching to  decision.  In  the  mean  time,  the  cold  of  the  winter 
is  coming  on,  and,  to  men  in  their  situation,  may  produce  events 
which  would  render  all  indemnification  too  late.  I  must,  therefore, 
pray  the  assistance  of  your  Excellency,  for  the  liberation  of  their 
persons,  if  the  established  order  of  things  may  possibly  admit  of 
it.     As  to  their  property,  and  their  personal  sufferings  hitherto,  I 


356 

have  full  confidence  that  the  laws  have  provided  some  tribunal, 
where  justice  will  be  done  them.  I  enclose  the  opinion  of  an 
advocate,  forwarded  to  me  by  a  gentleman  whom  I  had  desired  to 
obtain,  from  some  judicious  person  of  that  faculty,  a  state  of  their 
case.  This  may  perhaps  give  a  better  idea  than  I  can,  of  the 
situation  of  their  cause.  His  inquiries  have  led  him  to  believe 
they  are  innocent  men,  but  that  they  must  lose  their  vessel  under 
the  edict,  which  forbids  those  under  thirty  tons  to  approach  the 
coast.  Admitting  their  innocence,  as  he  does,  I  should  suppose 
them  not  the  objects,  on  whom  such  an  edict  was  meant  to  operate. 
The  essential  papers,  which  he  says  they  re-demanded  from  him, 
and  did  not  return,  were  sent  to  me,  at  my  desire. 

I  am,  with  sentiments  of  the  highest  respect,  your  Excellency's 
most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 

The  case  of  Lister  Asquith,  owner  of  the  schooner  William  and 
Catharine,  William  M^JVeil,  captain,  William.  Thomson,  Wil- 
liam JYeily,  Robert  Anderson,  mariners,  and  William  Fowler, 
passenger. 

Lister  Asquith,  citizen  of  the  State  of  Maryland,  having  a  law- 
suit depending  in  England,  which  required  his  presence,  as  in- 
volving in  its  issue  nearly  his  whole  fortune,  determined  to  go  thi- 
ther in  a  small  schooner  of  his  own,  that  he  might,  at  the  same 
time,  take  with  him  an  adventure  of  tobacco  and  flour  to  Liver- 
pool, where  he  had  commercial  connections.  This  schooner,  he 
purchased  as  of  fifty-nine  and  a  quarter  tons,  as  appears  by  his 
bill  of  sale,  but  she  had  been  registered  by  her  owner  at  twenty- 
one  tons,  in  order  to  evade  the  double  duties  in  England,  to  which 
American  vessels  are  now  subject.  He  cleared  out  from  Balti- 
jnore  for  Liverpool,  the  11th  of  June  1785,  with  eight  hogsheads 
of  tobacco  and  sixty  barrels  of  flour,  but  ran  aground  at  Smith's 
point,  sprung  a  leak,  and  was  obliged  to  return  to  Baltimore,  to 
refit.  Having  stopped  his  leak,  he  took  his  cargo  on  board  again, 
and  his  health  being  infirm,  he  engaged  Captain  William  M'Neil* 
to  go  with  him,  and,  on  the  20th  of  June,  sailed  for  Norfolk  in 

*  This  was  the  officer,  who,  on  the  evacuation  of  Fort  Mifflin,  after  the  Bri- 
tish had  passed  the  chevaux  de  frise  on  the  Delaware,  was  left  with  fifteen 
men  to  destroy  the  works,  which  he  did,  and  brought  off  his  men  successfully. 
He  had  before  that,  been  commander  of  the  Rattlesnake  sloop  of  war,  and 
had  much  annoyed  the  British  trade.  Being  bred  a  seaman,  he  has  returned 
to  that  vocation. 


357 

Virginia,  and,  on  the  22nd,  came  to  in  Hampton  road,  at  the 
mouth  of  the  river  on  which  Norfolk  is.  Learning  here,  that  to- 
bacco would  be  better  than  flour  for  the  English  market,  he  landed 
fifty  barrels  of  his  flour  and  one  hogshead  x)f  tobacco,  which  he 
found  to  be  bad,  meaning  to  take,  instead  thereof,  nine  hogsheads 
of  tobacco  more.  But  the  same  night  it  began  to  blow  very  hard, 
with  much  rain.  The  23d,  the  storm  became  more  heavy  ;  they 
let  go  both  their  anchors,  but  were  driven,  notwithstanding,  from 
their  anchorage,  forced  to  put  to  sea  and  to  go  before  the  wind. 
The  occurrences  of  their  voyage  will  be  best  detailed  by  short 
extracts  from  the  logbook. 

June  24.     The  weather  becomes  worse.    One  of  the  fore  shrouds 
and  the  foremast,  carried  away. 
25.     Shifted  their  ballast  which  threw  them  on  their  beam 
ends,  and  shipped  a  very  heavy  sea. 
Held  a  consultation  ;  the  result  of  which,  was,  that 
seeing  they  were  now  driven  so  far  to  sea,  and  the 
weather  continuing  still  very  bad,  it  was  better  to 
steer  for  Liverpool,  their  port  of  destination,  though 
they  had  not  their  cargo  on  board,  and  no  other 
clearance  but  that  which  they  took  from  Baltimore. 
June  29.     The  first  observation  they  had  been  able  to  take  N. 
lat,  38^  13'. 
30.     Winds  begin  to  be  fight,  but  the  sea  still  very  heavy. 
July    5.     Light  winds  and  a  smooth  sea  for  the  first  time,  in 
lat.  43^  12'. 
9.     Spoke    a   French   brig,    Comte    D'Artois,    Captain 
Mieaux,    from    St.  Maloes,   in     distress  for    pro- 
visions.    Relieved  her  with  three  barrels  of  flour. 
Aug.    6.     Thick  weather  and  a  strong  wiiid. 
Made  the  Lands  End  of  England. 

7.  Unable  to  fetch  the  land,  therefore  bore  off  for  Scilly, 

and  came  to  with  both  anchors.  Drove,  notwith- 
standing, and  obfiged  to  get  up  the  anchors,  and  put 
to  sea,  running  southwardly. 

8.  Made  the  land  of  France,  but  did  not  know  what  part. 

Here  the  logbook  ends.  At  this  time  they  had  on  board  but 
ten  gallons  of  water,  four  or  five  barrels  of  bread,  two  or  three 
pounds  of  candles,  no  firewood.  Their  sails  unfit  to  b9  trusted 
to,  any  longer,  and  all  their  materials  for  mending  them,  exhausted 
by  the  constant  repairs  which  the  violence  of  the  weather  had 
called  for.     They  tlierefore  took  a  pilot  aboard,  who  carried  them 


358 

into  Pont  Duval;  but  being  informed  by  the  captain  of  a  vessel 
there,  that  the  schooner  was  too  sharp  built  (as  the  American  ves- 
sels mostly  are)  to  lie  in  that  port,  they  put  out  immediately,  and 
the  next  morning,  the  pilot  brought  them  to  anchor  in  the  road  of 
the  Isle  de  Bas.  Asquith  went  immediately  to  RoscafF,  protested 
at  the  admiralty  the  true  state  of  his  case,  and  reported  his  vessel 
and  cargo  at  the  custom  house.  In  making  the  report  of  his  ves- 
sel, he  stated  her  as  of  twenty-one  tons,  according  to  his  register. 
The  officer  informed  him  that  if  she  was  no  larger,  she  would  be 
confiscated  by  an  edict,  which  forbids  all  vessels,  under  thirty  tons, 
to  appoach  the  coast.  He  told  the  officer  what  was  the  real  truth 
as  to  his  register  and  his  bill  of  sale,  and  was  permitted  to  report 
hel*  according  to  the  latter.  He  paid  the  usual  fees  of  ten  livres 
and  seven  sols,  and  obtained  a  clearance.  Notwithstanding  this, 
he  was  soon  visited  by  other  persons,  whom  he  supposes  to  have 
been  commis  of  the  Fermes,  who  seised  his  vessel,  carried  her  to 
the  pier,  and  confined  the  crew  to  the  vessel  and  half  the  pier, 
putting  centinels  over  them.  They  brought  a  guager,  who  mea- 
sured only  her  hold  and  part  of  her  steerage,  allowing  nothing  for 
the  cockpit,  cabin,  forecastle,  and  above  one  half  of  the  steerage, 
which  is  almost  half  the  vessel,  and  thus  made  her  contents  (if  that 
had  been  of  any  importance)  much  below  the  truth.  The  tobacco 
was  weighed,  and  found  to  be  six  thousand  four  hundred  and 
•eighty-seven  pounds,*  which  was  sent  on  the  18th,  to  Landivisian, 
and  on  the  19th,  they  were  committed  to  close  prison  at  St.  Pol 
de  Leon,  where  they  have  been  confined  ever  since.  They  had, 
when  they  first  landed,  some  money,  of  which  they  were  soon  dis- 
embarrassed by  different  persons,  who,  in  various  forms,  under- 
took to  serve  them.  Unable  to  speak  or  understand  a  word  of 
the  language  of  the  country,  friendless,  and  left  without  money, 
they  have  languished  three  months  in  a  loathsome  jail,  without 
any  other  sustenance,  a  great  part  of  the  time,  than  what  could 
be  procured  for  three  sous  a  day,  which  have  been  furnished  them 
to  prevent  their  perishing. 

They  have  been  made  to  understand  that  a  criminal  process 
is  going  on  against  them,  under  two  heads.     1.  As  having  sold 
tobacco  in  contraband  ;   and  2.    as  having  entered  a  port   of  ^ 
France  in  a  vessel  of  less  than  thirty  tons  burthen.     In  support  of 

*  A  hogshead  of  tobacco  weighs  generally,  about  one  thousand  pounds, 
English,  equal  to  nine  hundred  and  seventeen  pounds  French.  The  seven 
hogsheads  he  sailed  with,  would  therefore  weigh,  according  to  this  estimate, 
six  thousand  four  hundred  and  twenty-three  pounds.  They  actually  weighed 
more  on  the  first  essay.  When  afterwards  weighed  at  Landivisian,  they  had 
lost  eighty-four  pounds  on  being  carried  into  a  drier  air.  Perhaps  too,  a  differ- 
ence of  weights  may  have  entered  into  this  apparent  loss. 


359 

the  first  charge,  they  understand  that  the  circumstance  is  relied 
on,  of  their  having  been  seen  off  the  coast  by  the  employes  des 
Fermes,  one  or  two  days.  They  acknowledge  they  may  have 
been  so  seen  while  beating  off  Pont  Duval,  till  they  could  get  a 
pilot,  while  entering  that  port,  and  again  going  round  from  thence 
to  the  road  of  the  Isle  de  Bas.  The  reasons  for  this  have  been 
explained.  They  further  add,  that  all  the  time  they  were  at  Pont 
Duval,  they  had  a  King's  officer  on  board,  from  whom,  as  well  as 
from  their  pilot,  and  the  captain,  by  whose  advice  they  left  that 
port  for  the  Isle  de  Bas,  information  can  be  obtained  by  their  ac- 
cusers, (who  are  not  imprisoned)  of  the  true  motives  for  that  mea- 
sure. It  is  said  to  be  urged  also,  that  there  was  found  in  their 
vessel  some  loose  tobacco  in  a  blanket,  which  excites  a  suspicion 
that  they  had  been  selling  tobacco.  When  they  were  stowing 
their  loading,  they  broke  a  hogshead,  as  is  always  necessary,  and 
is  always  done,  to  fill  up  the  stowage,  and  to  consolidate  and  keep 
the  whole  mass  firm,  and  in  place.  The  loose  tobacco  which  had 
come  out  of  the  broken  hogshead,  they  re-packed  in  bags  :  but  in 
the  course  of  the  distress  of  their  disastrous  voyage,  they  had  em- 
ployed  these  bags,  as  they  had  done  every  thing  else  of  the  same 
nature,  in  mending  their  sails.  The  condition  of  their  sails,  when 
they  came  into  port,  will  prove  this,  and  they  were  seen  by  witnes- 
ses enough,  to  whom  their  accusers,  being  at  their  liberty,  can 
have  access.  Besides,  the  sale  of  a  part  of  their  tobacco  is  a 
fact,  which,  had  it  taken  place,  might  have  been  proved ;  but  they 
deny  that  it  has  been  proved,  or  ever  can  be  proved  by  true  men^ 
because  it  never  existed.  And  they  hope  the  justice  of  this  coun- 
try does  not  permit  strangers,  seeking  in  her  ports  an  asylum  from 
death,  to  be  thrown  into  jail  and  continued  there  indefinitely,  on 
the  possibility  of  a  fact,  without  any  proof.  More  especially  when, 
as  in  the  present  case,  a  demonstration  to  the  contrary  is  furnished 
by  their  clearance,  which  shews  they  never  had  more  than  eight 
hogsheads  of  tobacco  on  board,  of  which  one  had  been  put  ashore 
at  Hampton  in  Virginia,  as  has  been  before  related,  and  the  seven 
others  remained  when  they  first  entered  port.  If  tliey  had  been 
smugglers  of  tobacco,  the  opposite  coast  offered  a  much  fairer 
field,  because  the  gain  there  is  as  great ;  because  they  understand 
the  language  and  laws  of  the  country,  they  know  its  harbors  and 
coasts,  and  have  connections  in  them.  These  circumstances  are 
so  important  to  smugglers,  that  it  is  believed  no  instance  has  ever  oc- 
curred of  the  contraband  of  tobacco,  attempted  on  this  side  the 
channel,  by  a  crew  wholly  American.  Be  this  as  it  may,  they  are 
not  of  that  description  of  men. 

As  to  the  second  charge,  that  they  have   entered  a  port  of 


360 

France  in  a  vessel  of  less  than  thirty  tons  burthen,  they,  in  the 
first  place,  observe  that  they  saw  the  guager  measure  the  vessel, 
and  affirm  that  his  method  of  measuring  could  render  little  more 
than  half  her  true  contents :  but  they  say,  further,  that  were  she 
below  the  size  of  thirty  tons,  and,  when  entering  the  port,  had  they 
known  of  the  alternative  of  either  forfeiting  their  vessel  and  cargo, 
or  of  perishing  at  sea  5  they  must  still  have  entered  the  port :  the 
loss  of  their  vessel  and  cargo  being  the  lesser  evil.  But  the  cha- 
racter of  the  lawgiver  assures  them,  that  the  intention  of  his  laws 
are  perverted,  when  misapplied  to  persons,  who,  under  their  cir- 
cumstances, take  refuge  in  his  ports.  They  have  no  occasion  to 
recur  from  his  clemency  to  his  justice,  by  claiming  the  benefit  of 
that  article  in  the  treaty  which  binds  the  two  nations  together,  and 
which  assures  to  the  fugitives  of  either  from  the  dangers  of  the 
sea,  a  hospitable  reception  and  necessary  aids  in  the  ports  of  the 
other,  and  that,  without  measuring  the  size  of  their  vessel. 

Upon  the  whole,  they  protest  themselves  to  have  been  as  inno- 
cent as  they  have  been  unfortunate.  Instead  of  rehef  in  a  friendly 
port,  they  have  seen  their  misfortunes  aggravated  by  the  conduct 
of  officers,  who,  in  their  greediness  for  gain,  can  see  in  no  cir- 
cumstance any  thing  but  proofs  of  guilt.  They  have  already  long 
suffered  and  are  still  suffering,  whatever  scanty  sustenance,  an  in- 
clement season  and  close  confinement,  can  offer  most  distressing 
to  men  who  have  been  used  to  neither,  and  who  have  wives  and 
children  at  home  participating  of  their  distresses ;  they  are  utterly 
ignorant  of  the  laws  and  language  of  the  country,  where  they  are 
suffering;  they  are  deprived  of  that  property  which  would  have 
enabled  them  to  procure  counsel,  to  place  their  injuries  in  a  true 
light;  they  are  distant  from  the  stations  of  those  who  are  appointed 
by  their  country,  to  patronise  their  rights ;  they  are  not  at  liberty 
to  go  to  them,  nor  able  to  have  communication  through  any  other, 
than  the  uncertain  medium  of  the  posts ;  and  they  see  themselves 
already  ruined  by  the  losses  and  delays  they  have  been  made  to 
incur,  and  by  tlie  failure  of  the  original  object  of  their  voyage. 
They  throw  themselves,  therefore,  on  the  patronage  of  the  govern- 
ment, and  pray  that  its  energy  may  be  interposed  in  aid  of  their 
poverty  and  ignorance,  to  restore  them  to  their  liberty,  and  to  ex- 
tend to  them  that  retribution,  which  the  laws  of  every  country  mean 
to  extend  to  those  who  suffer  unjustly. 


361 

LETTER     CXXXV. 

TO    JOHN    ADAMS. 

Paris,  November  19,  1785. 

Dear  Sir, 

I  wrote  to  you  on  the  11th  of  October,  by  Mr.  Preston,  and 
again  on  the  1 8th  of  the  same  month,  by  post.  Since  that,  yours 
of  September  the  25th,  by  Mr.  Boylston,  of  October  the  24th, 
November  the  1st,  and  November  the  4th,  have  come  safe  to 
hand.  I  will  take  up  their  several  subjects  in  order.  Boylston's 
object  was,  first,  to  dispose  of  a  cargo  of  spermaceti  oil,  which  he 
brought  to  Havre.  A  secondary  one,  was  to  obtain  a  contract  for 
future  supplies.  I  carried  him  to  the  Marquis  de  la  Fayette.  As 
to  his  first  object,  we  are  in  hopes  of  getting  the  duties  taken  off, 
which  will  enable  him  to  sell  his  cargo.  This  has  led  to  discus- 
sions with  the  ministers,  which  give  us  a  hope  that  we  may  get  the 
duties  taken  off  in  perpetuum.  This  done,  a  most  abundant 
market  for  our  oil  will  be  opened  by  this  country,  and  one  which 
will  be  absolutely  dependant  on  us ;  for  they  have  littie  expecta- 
tion themselves,  of  establishing  a  successful  whale  fishery.  It  is 
possible  they  may  only  take  the  duties  off  of  those  oils,  which  shall 
be  the  produce  of  associated  companies  of  French  and  American 
merchants.     But  as  yet,  nothing  certain  can  be  said. 

I  thank  you  for  the  trouble  you  have  taken  to  obtain  insurance 
on  Houdon's  life.  I  place  the  thirty-two  pounds  and  eleven  shil- 
lings to  your  credit,  and  not  being  able,  as  yet,  to  determine  pre- 
cisely how  our  accounts  stand,  I  send  a  sum  by  Colonel  Smith, 
which  may  draw  the  scales  towards  a  balance. 

The  determination  of  the  British  cabinet  to  make  no  equal 
treaty  with  us,  confirms  me  in  the  opinion  expressed  in  your  letter, 
of  October  the  24th,  that  the  United  States  must  pass  a  navigation 
act  against  Great  Britain,  and  load  her  manufactures  with  duties, 
so  as  to  give  a  preference  to  those  of  other  countries :  and  I  hope 
our  Assemblies  will  wait  no  longer,  but  transfer  such  a  power  to 
Congress,  at  the  sessions  of  this  fall.  I  suppose,  however,  it  will 
only  be  against  Great  Britain,  and  I  think  it  will  be  right  not  to 
involve  other  nations  in  the  consequences  of  her  injustice.  I  take 
for  granted,  that  the  commercial  system  wished  for  by  Congress, 
was  such  a  one,  as  should  leave  commerce  on  the  freest  footing 
possible.  This  was  the  plan  on  which  we  prepared  our  general 
draught  for  treating  with  all  nations.  Of  those  with  whom  we 
were  to  treat,  I  ever  considered  England,  France,  Spain  and  Por- 
voL.  I.  46 


362 

tugal  as  capitally  important;  the  first  two,  on  account  of  their 
American  possessions,  the  last,  for  their  European  as  well  as  Ame- 
rican. Spain  is  treating  in  America,  and  probably  will  give  an 
advantageous  treaty.  Portugal  shews  dispositions  to  do  the  same. 
France  does  not  treat.  It  is  likely  enough  she  will  choose  to  keep 
the  staff  in  her  own  hands.  But,  in  the  mean  time,  she  gives  us 
an  access  to  her  West  Indies,  which  though  not  all  we  wish,  is  yet 
extremely  valuable  to  us :  this  access,  indeed,  is  much  affected 
by  the  late  Arrets  of  the  18th  and  25th  of  September,  which  I 
enclose  to  you.  I  consider  these  as  a  reprisal  for  the  navigation 
acts  of  Massachusetts  and  New  Hampshire.  The  minister  has 
complained  to  me,  officially,  of  these  acts,  as  a  departure  from  the 
reciprocity  stipulated  for  by  the  treaty.  I  have  assured  him  that 
his  complaints  shall  be  communicated  to  Congress,  and,  in  the 
mean  time,  observed  that  the  example  of  discriminating  between 
foreigners  and  natives,  had  been  set  by  the  Arret  of  August,  1784, 
and  still  more  remarkably  by  those  of  September  the  18th,  and 
25th,  which,  in  effect,  are  a  prohibition  of  our  fish  in  their  islands. 
However,  it  is  better  for  us,  that  both  sides  should  revise  what 
they  have  done.  I  am  in  hopes  this  country  did  not  mean  these 
as  permanent  regulations.  Mr.  Bingham,  lately  from  Holland, 
tells  me  that  the  Dutch  are  much  dissatisfied  with  these  acts.  In 
fact,  I  expect  the  European  nations,  in  general,  will  rise  up  against 
an  attempt  of  this  kind,  and  wage  a  general  commercial  war 
against  us.  They  can  do  well  without  all  our  commodities,  except 
tobacco,  and  we  cannot  find,  elsewhere,  markets  for  them.  The 
selfishness  of  England  alone,  will  not  justify  our  hazarding  a  con- 
test of  this  kind  against  all  Europe.  Spain,  Portugal  and  France, 
have  not  yet  shut  their  doors  against  us :  it  will  be  time  enough, 
when  they  do,  to  take  up  the  commercial  hatchet.  I  hope,  there- 
fore, those  States  will  repeal  their  navigation  clauses,  except  as 
against  Great  Britain  and  other  nations  not  treating  with  us. 

I  have  made  tlie  inquiries  you  desire,  as  to  American  ship  timber 
for  this  country.  You  know  they  sent  some  person  (whose  name 
was  not  told  us)  to  America,  to  examine  the  quality  of  our  masts, 
spars,  &.C.  I  think  this  was  young  Chaumont's  business.  They 
have,  besides  this,  instructed  the  officer  who  superintends  their 
supplies  of  masts,  spars,  &ic.,  to  procure  good  quantifies  from  our 
northern  States ;  but  I  think  they  have  made  no  contract :  on  the 
contrary,  that  they  await  the  trials  projected,  but  with  a  determina- 
tion to  look  to  us  for  considerable  supplies,  if  they  find  our  timber 
answer.  They  have  on  the  carpet  a  contract  for  live  oak  from 
the  southern  States. 

You  ask  why  the  Virginia  merchants  do  not  lefirn  to  sort  their 


363 

own  tobaccos?  They  can  sort  them  as  well  as  any  otiier  mer- 
chants whatever.  Nothing  is  better  known  than  the  quality  of 
every  hogshead  of  tobacco,  from  the  place  of  its  growth.  They 
know,  too,  the  particular  qualities  required  in  every  market.  They 
do  not  send  their  tobaccos,  tlierefore,  to  London  to  be  sorted,  but 
to  pay  their  debts :  and  though  they  could  send  them  to  other 
markets,  and  remit  tlie  money  to  London,  yet  they  find  it  neces- 
sary to  give  .their  English  merchant  the  benefit  of  the  consign- 
ment of  their  tobacco,  (which  is  enormously  gainful)  in  order  to 
induce  him  to  continue  his  indulgence  for  the  balance  due. 

Is  it  impossible  to  persuade  our  countrymen  to  make  peace 
with  the  Nova  Scotians  ?  I  am  persuaded  nothing  is  wanting  but 
advances  on  our  part ;  and  that  it  is  in  our  power  to  draw  off  the 
greatest  proportion  of  that  settlement,  and  thus,  to  free  ourselves 
from  rivals  who  may  become  of  consequence.  We  are,  at  present, 
co-operating  with  Great  Britain,  whose  policy  it  is,  to  give  aliment 
to  that  bitter  enmity  between  her  States  and  ours,  which  may  se- 
cure her  against  their  ever  joining  us.  But  would  not  the  existence 
of  a  cordial  friendship  between  us  and  them,  be  the  best  bridle  we 
could  possible  put  into  the  mouth  of  England  ? 

With  respect  to  the  Danish  business,  you  will  observe  that  tlie 
instructions  of  Congress,  article  3,  of  October  the  29th,  1783,  put 
it  entirely  into  the  hands  of  the  Ministers  Plenipotentiary  of  the 
United  States  of  America  at  the  court  of  T^ersailles,  empowered  to 
negotiate  a  peace,  or  to  any  one  or  more  of  them.  At  that  time,  I 
did  not  come  under  this  description.  I  had  received  the  permis- 
sion of  Congress  to  decline  coming,  in  the  spring  preceding  that 
date.  On  the  first  day  of  November,  1783,  that  is  to  say,  two  days 
after  the  date  of  the  instructions  to  the  commissioners,  Congress 
recommended  John  Paul  Jones  to  the  Minister  Plenipotentiary  of 
the  United  States,  at  Versailles,  as  agent,  to  solicit  under  his  di- 
rection, the  payment  of  all  prizes  taken  in  Europe,  under  his 
command.  But  the  object  under  their  view,  at  that  time,  was 
assuredly  the  money  due  from  the  court  of  Versailles,  for  the 
prizes  taken  in  the  expedition  by  the  Bon  homme  Richard,  the 
Alliance,  &ic.  In  this  business,  I  have  aided  him  effectually,  hav- 
ing obtained  a  definitive  order  for  paying  the  money  to  him,  and 
a  considerable  proportion  being  actually  paid  him.  But  they  could 
not  mean  by  their  resolution  of  November  the  1st,  to  take  from 
the  commissioners,  powers  which  they  had  given  them  two  days 
before.  If  there  could  remain  a  doubt  that  this  whole  power  has 
resulted  to  you,  it  would  be  cleared  up  by  the  instructions  of  May 
the  7th,  1784,  article  9,  which  declare,  '  that  these  instructions  be 
considered  as  supplementary  to  those  of  October  the  29th,  1783, 


364 

and  not  as  revoking,  except  where  they  contradict  them;'  which 
shews  that  they  considered  the  instructions  of  October  the  29th, 
1783,  as  still  in  full  force.  I  do  not  give  you  the  trouble  of  this 
discussion,  to  save  myself  the  trouble  of  the  negotiation.  1  should 
have  no  objections  to  this  part :  but  it  is  to  avoid  the  impropriety  of 
meddling  in  a  matter  wherein  I  am  unauthorised  to  act,  and  where 
any  thing  I  should  pretend  to  conclude  with  the  court  of  Denmark, 
might  have  the  appearance  of  a  deception  on  them.  Should  it  be 
in  my  power  to  render  any  service  in  it,  I  shall  do  it  with  cheer- 
fulness ;  but  I  repeat,  that  I  think  you  are  the  only  person  au- 
thorised. 

I  received,  a  few  days  ago,  the  Nuova  minuta  of  Tuscany, 
which  Colonel  Humphreys  will  deliver  you.  I  have  been  so  en- 
gaged, that  I  have  not  been  able  to  go  over  it  with  any  attention. 
I  observe,  in  general,  that  the  order  of  the  articles  is  entirely  de- 
ranged, and  their  diction  almost  totally  changed.  When  you  shall 
have  examined  it,  if  you  will  be  so  good  as  to  send  me  your  ob- 
servations by  post,  in  cypher,  I  will  communicate  with  you  in  the 
same  way,  and  try  to  mature  this  matter. 

The  deaths  of  the  Dukes  of  Orleans  and  Praslin,  will  probably 
reach  you  through  the  channel  of  the  public  papers,  before  this 
letter  does.  Your  friends  the  Abbes  are  well,  and  always  speak 
of  you  with  affection.  Colonel  Humphreys  comes  to  pass  some 
time  in  London.  My  curiosity  would  render  a  short  trip  thither, 
agreeable  to  me  also,  but  I  see  no  probability  of  taking  it.  I  will 
trouble  you  with  my  respects  to  Dr.  Price.  Those  to  Mrs. 
Adams,  I  witness  in  a  letter  to  herself. 

I  am,  with  very  great  esteem.  Dear  Sir, 
your  most  obedient, 

and  most  humble  servant, 

Th:  Jefferson. 


LETTER    CXXXVI. 

TO    THE    COUNT    DE    VERGENNES. 

Paris,  November  20, 1785. 
Sir, 

I  found  here,  on  my  return  from  Fontainebleau,  the  letter  of 
October  the  30th,  which  your  Excellency  did  me  the  honor  there, 
of  informing  me  had  been  addressed  to  me  at  this  place ;  and  I 
shall  avail  myself  of  the  first  occasion  of  transmitting  it  to  Con- 


365 

gress,  who  will  receive,  with  great  pleasure,  these  new  assurances  of 
the  friendly  sentiments,  which  his  Majesty  is  pleased  to  continue 
towards  the  United  States. 

I  am  equally  persuaded  they  will  pay  the  most  serious  attention 
to  that  part  of  your  Excellency's  letter,  which  mentions  the  infor- 
mation you  have  received  of  certain  acts  or  regulations  of  naviga- 
tion and  commerce,  f)assed  in  some  of  the  United  States,  which 
are  injurious  to  the  commerce  of  France.  In  the  mean  time,  I 
wish  to  remove  the  unfavorable  impressions  which  those  acts  seem 
to  have  made,  as  if  they  were  a  departure  from  the  reciprocity  of 
conduct,  stipulated  for  by  the  treaty  of  February  the  6th,  1776. 
The  effect  of  that  treaty,  is,  to  place  each  party  with  the  other, 
always  on  the  footing  of  the  most  favored  nation.  But  those  who 
framed  the  acts,  probably  did  not  consider  the  treaty  as  restraining 
either,  from  discriminating  between  foreigners  and  natives.  Yet 
this  is  the  sole  effect  of  these  acts.  The  same  opinion  as  to  the 
meaning  of  the  treaty,  seems  to  have  been  entertained  by  this  go- 
vernment, both  before  and  since  the  date  of  these  acts.  For  the 
Arret  of  the  King's  Council,  of  August  the  30th,  1784,  furnished 
an  example  of  such  a  discrimination  between  foreigners  and  natives, 
importing  salted  fish  into  his  Majesty's  dominions  in  the  West  In- 
dies ;  by  laying  a  duty  on  that  imported  by  foreigners,  and  giving 
out  the  same,  in  bounty,  to  native  importers.  This  opinion  shews 
itself  more  remarkably  in  the  late  Arrets  of  the  18th  and  25th  of 
September,  w^hich,  increasing  to  excess  the  duty  on  foreign  import- 
ations of  fish  into  the  West  Indies,  giving  the  double,  in  bounty,  on 
those  of  natives,  and  thereby  rendering  it  impossible  for  the  former 
to  sell  in  competition  with  the  latter,  have,  in  effect,  prohibited  the 
importation  of  that  article  by  the  citizens  of  the  United  States. 

Both  nations,  perhaps,  may  come  into  the  opinion,  that  their 
friendship  and  their  interests  may  be  better  cemented,  by  approach- 
ing the  condition  of  their  citizens,  reciprocally,  to  that  of  natives^ 
as  a  better  ground  of  intercourse  than  that  of  the  most  favored  na- 
tion. I  shall  rest  with  hopes  of  being  authorised,  in  due  time,  to 
inform  your  Excellency  that  nothing  will  be  wanting,  on  our  part, 
to  evince  a  disposition  to  concur  in  revising  whatever  regulations, 
may,  on  either  side,  bear  hard  on  the  commerce  of  the  other  na- 
tion. In  the  mean  time,  I  have  the  honor  to  assure  you  of  the 
profound  respect  and  esteem,  with  which 

I  have  the  honor  to  be,  your  Excellency's 

most  obedient  and  most  humble  servant, 

Th:  Jefferson. 


see 

LETTER    CXXXVII. 

TO    LISTER    AS(iUITH. 

Paris,  November  23,  1785. 

Sir, 
I  have  received  your  letter  of  the  14ih  instant.  It  was  not  till 
the  8th  of  this  month,  that  I  conki  obtain  information  from  any 
quarter,  of  the  particular  court  in  which  your  prosecution  was  in- 
stituted, and  the  ground  on  which  it  was  founded.  I  then  received 
it  through  the  hands  of  Monsieur  Desbordes,  at  Brest.  I  have  sent 
to  the  Count  de  Vergennes  a  statement  of  your  case,  of  which  the 
enclosed  is  a  copy.  I  wish  you  would  read  it  over,  and  if  there 
be  any  fact  stated  in  it,  which  is  wrong,  let  me  know  it,  that  I  may 
have  it  corrected.  I  at  the  same  time,  wrote  him  an  urgent  letter 
in  your  behalf.  1  have  daily  expected  an  answer,  which  has  oc- 
casioned my  deferring  writing  to  you.  The  moment  I  receive 
one,  you  may  be  assured  of  my  communicating  it  to  you.  My 
hopes  are,  that  I  may  obtain  from  the  King,  a  discharge  of  the 
persons  of  all  of  you :  but,  probably,  your  vessel  and  cargo  must 
go  through  a  process.  I  have  sincerely  sympathised  with  your 
misfortunes,  and  have  taken  every  step  in  my  power,  to  get  into  the 
right  line  for  obtaining  relief.  If  it  will  add  any  comfort  to  your 
situation  and  that  of  your  companions,  to  be  assured  that  I  never 
lose  sight  of  your  sufferings,  and  leave  nothing  undone  to  extricate 
you,  you  have  that  assurance.     I  am.  Sir, 

your  very  liumble  servant, 

Th:  Jefferson, 


LETTER    CXXXVII  I. 

TO    JOHN    ADAMS. 

Paris,  November  27,  1785. 
Dear  Sir, 

Your  favor  of  the  5th,  came  to  hand  yesterday,  and  Colonel 
Smith,  and  Colonel  {lumphreys,  (by  whom  you  will  receive  one  of 
the  19th,  from  me)  being  to  set  out  tomorrow,  I  hasten  to  answer 
it.  I  sincerely  rejoice  that  Portugal  is  stepping  forward  in  the  busi- 
ness of  treaty,  and  that  there  is  a  probability  that  we  may  at  length 
do  something  under  our  commissions,  which  may  produce  a  solid 


867 

benefit  to  our  constituents.  I  as  much  rejoice,  thai  it  is  not  to  be 
negotiated  through  the  medium  of  the  torpid,  uninformed  machine, 
at  first  made  use  of.  I  conjecture,  from  your  relation  of  the  con- 
ference with  the  Chevalier  de  Pinto,  that  he  is  well  informed  and 
sensible.  So  much  the  better.  It  is  one  of  those  cases,  where 
the  better  the  interests  of  the  two  parties  are  understood,  the 
broader  will  be  the  basis  on  which  they  will  connect  them. 

To  the  very  judicious  observations  on  the  subjects  of  the  con- 
ference, which  were  made  by  you,  I  have  little  to  add. 

Flour.  It  may  be  observed,  that  we  can  sell  them  the  flour 
ready  manufactured,  for  much  less  than  the  wheat  of  which  it  is 
made.  In  carrying  to  them  wheat,  we  carry  also  the  bran,  which 
does  not  pay  its  own  freight.  In  attempting  to  save  and  transport 
wheat  to  them,  much  is  lost  by  the  weavil,  and  much  spoiled  by 
heat  in  the  hold  of  the  vessel.  This  loss  must  be  laid  on  the  wheat 
which  gets  safe  to  market,  where  it  is  paid  for  by  the  consumer. 
Now,  this  is  much  more  than  the  cost  of  manufacturing  it  with  us, 
which  would  prevent  that  loss.  I  suppose  the  cost  of  manufac- 
turing does  not  exceed  seven  per  cent  on  the  value^  But  the  loss 
by  the  weavil,  and  other  damage  on  ship  board,  amount  to  much 
more.  Let  them  buy  of  us  as  much  wheat  as  will  make  a  hun- 
dred weight  of  flour.  They  will  find  that  they  have  paid  more 
for  the  wheat,  than  we  should  have  asked  for  the  flour,  besides 
having  lost  the  labor  of  their  mills  in  grinding  it.  The  obliging 
us,  therefore,  to  carry  it  to  them  in  the  form  of  wheat,  is  a  useless 
loss  to  bofli  parties. 

Iron.  They  will  get  none  from  us.  We  cannot  make  it  in 
competition  with  Sweden,  or  any  other  nation  of  Europe,  where 
labor  is  so  much  cheaper. 

Wines.  The  strength  of  the  wines  of  Portugal,  will  give  them 
always  an  almost  exclusive  possession  of  a  country,  where  the  sum- 
mers are  so  hot  as  in  America.  The  present  demand  will  be  very 
great,  if  they  will  enable  us  to  pay  for  them ;  but  if  they  consider 
the  extent  and  rapid  population  of  the  United  States,  they  must 
see  that  the  time  is  not  distant,  when  they  will  not  be  able  to  make 
enough  for  us,  and  that  it  is  of  great  importance  to  avail  themselves 
of  the  prejudices  already  established  in  favor  of  their  wines,  and  to 
continue  them,  by  facihtating  the  purchase.  Let  them  do  this,  and 
they  need  not  care  for  the  decline  of  their  use  in  England.  They 
w^ill  be  independent  of  that  country. 

Salt.  I  do  not  know  where  the  ncrthern  States  supplied  them- 
selves with  salt,  but  the  southern  ones  took  great  quantities  from 
Portugal. 

Cotton  and  Wool.     The  southern  States  will  take  manufactures 


368 

of  both ;  the  northern,   will  take  both  the  manufactures  and  raw 
materials.  . 

East  India  goods  of  every  kind.  Philadelphia  and  New  York 
have  begun  a  trade  to  the  East  Indies.  Perhaps  Boston  may  fol- 
low their  example.  But  their  importations  will  be  sold  only  to  the 
country  adjacent  to  them.  For  a  long  time  to  come,  the  States 
south  of  the  Delaware,  will  not  engage  in  a  direct  commerce  with 
the  East  Indies.  They  neither  have,  nor  will  have  ships  or  sea- 
men for  their  other  commerce :  nor  will  they  buy  East  India  goods 
of  the  northern  States.  Experience-  shews  that  the  States  never 
bought  foreign  goods  of  one  another.  The  reasons  are,  that  they 
would,  in  so  doing,  pay  double  freight  and  charges ;  and  again,  that 
they  would  have  to  pay  mostly  in  cash,  what  they  could  obtain  for 
commodities,  in  Euroj)e.  I  know  that  the  American  merchants 
have  looked,  with  some  anxiety,  to  the  arrangements  to  be  taken 
with  Portugal,  in  expectation  that  they  could,  through  her,  get  their 
East  India  articles  on  better  and  more  convenient  terms;  and  I 
am  of  opinion,  Portugal  will  come  in  for  a  good  share  of  this  traffic 
with  the  southern  States,  if  they  facilitate  our  payments. 

Coffee.     Can  they  not  furnish  us  with  this  article  from  Brazil  ? 

Sugar.  The  Brazil  sugars  are  esteemed,  with  us,  more  than 
any  other. 

Chocolate.  This  article,  when  ready  made,  as  also  the  cocoa 
becomes  so  soon  rancid,  and  the  difficulties  of  getting  it  fresh, 
have  been  so  great  in  America,  that  its  use  has  spread  but  little. 
The  way  to  increase  its  consumption,  would  be,  to  permit  it  to  be 
brought  to  us  immediately  from  the  country  of  its  growth.  By 
getting  it  good  in  quality,  and  cheap  in  price,  the  superiority  of 
the  article,  both  for  health  and  nourishment,  will  soon  give  it  the 
same  preference  over  tea  and  coffee  in  America,  which  it  has  in 
Spain,  where  they  can  get  it  by  a  single  voyage,  and,  of  course, 
while  it  is  sweet.  The  use  of  the  sugars,  coffee,  and  cotton  of 
Brazil,  would  also  be  much  extended  by  a  similar  indulgence. 

Ginger  and  spices  from  the  Brazils,  if  they  had  the  advantage 
of  a  direct  transportation,  might  take  place  of  the  same  articles  from 
the  East  Indies. 

Ginseng.  We  can  furnish  them  with  enough  to  supply  their 
whole  demand  for  the  East  Indies. 

They  should  be  prepared  to  expect,  that  in  the  beginning  of 
this  commerce,  more  money  will  be  taken  by  us,  than  after  a 
while.  The  reasons  are,  that  our  heavy  debt  to  Great  Britain 
must  be  paid,  before  we  shall  be  masters  of  our  own  returns  ;  and 
again,  that  habits  of  using  particular  things,  are  produced  only  by 
time  and  practice. 


369 

That  as  little  time  as  possible  may  be  lost  in  this  negotiation,  I 
will  communicate  to  you,  at  once,  my  sentiments  as  to  the  altera- 
tions in  the  draught  sent  them,  which  will  probably  be  proposed 
by  them,  or  which  ought  to  be  proposed  by  us,  noting  only  those 
articles. 

Article  3.  They  will  probably  restiain  us  to  their  dominions  in 
Europe.  We  must  expressly  include  tlie  Azores,  Madeiras,  and 
Cape  de  Verd  islands,  some  of  which  are  deemed  to  be  in  Africa. 
We  should  also  contend  for  an  access  to  their  possessions  in  Ame- 
rica, according  to  the  gradation  in  the  2nd  article  of  our  instruct- 
ions, of  May  the  7th,  1784.  But  if  we  can  obtain  it  in  no  one 
of  these  forms,  I  am  of  opinion  we  should  give  it  up. 

Article  4.  This  should  be  put  into  the  form  we  gave  it,  in  the 
draught  sent  you  by  Dr.  Franklin  and  myself,  for  Great  Britain. 
I  think  we  had  not  reformed  this  article,  when  we  sent  our  draught 
to  Portugal.  You  know,  the  Confederation  renders  the  reforma- 
tion absolutely  necessary ;  a  circumstance  which  had  escaped  us 
at  first. 

Article  9.  Add,  from  the  British  draught,  the  clause  about 
wrecks. 

Article  13.  The  passage  '  nevertheless,'  &ic.  to  run  as  in  the 
British  draught. 

Article  18.  After  the  word  '  accident,'  insert '  or  wanting  sup- 
plies of  provisions  or  other  refreshments.'  And  again,  instead  of 
'  take  refuge,'  insert  '  come,'  and  after  '  of  the  other'  insert  *  in 
any  part  of  the  world.'  The  object  of  this,  is  to  obtain  leave  for 
our  whaling  vessels  to  refit  and  refresh  on  the  coast  of  the  Brazils ; 
an  object  of  immense  importance  to  that  class  of  our  vessels.  We 
must  acquiesce  under  such  modifications  as  they  may  think  neces- 
sary, for  regulating  this  indulgence,  in  hopes  to  lessen  them  in  time, 
and  to  get  a  pied  a  terre  in  that  country. 

Article  19.  Can  we  get  this  extended  to  the  Brazils  ?  It 
would  be  precious  in  case  of  a  war  with  Spain. 

Article  23.  Between  '  places'  and  '  whose,'  insert  '  and  in 
general,  all  others,'  as  in  the  British  draught. 

Article  24.     For  '  necessaries,'  substitute  '  comforts.' 

Article  25.  Add  '  but  if  any  such  consuls  shall  exercise  com- 
merce,' &c.  as  in  the  British  draught. 

We  should  give  to  Congress  as  early  notice  as  possible,  of  the 
re-institution  of  this  negotiation ;  because,  in  a  letter  by  a  gentleman 
who  sailed  from  Havre,  the  10th  instant,  I  communicated  to  them 
the  answer  of  the  Portuguese  minister,  through  the  ambassador 
here,  which  I  sent  to  you.  They  may,  in  consequence,  be  making 
other  arrangements  which  might  do  injury.  The  little  time  which 
VOL.  I.  47 


370 

now  remains,  of  the  continuance  of  our  commissions,  should  also 
be  used  with  the  Chevalier  de  Pinto,  to  hasten  the  movements  of 
his  court. 

But  all  these  preparations  for  trade  with  Portugal,  will  fail  in 
their  effect,  unless  the  depredations  of  the  Algerines  can  be  pre- 
vented. I  am  far  from  confiding  in  the  measures  taken  for  this 
purpose.  Very  possibly  war  must  be  recurred  to.  Portugal  is  at 
war  with  them.  Suppose  the  Chevalier  de  Pinto  was  to  be  sound- 
ed on  the  subject  of  an  union  of  force,  and  even  a  stipulation  for 
contributing,  each,  a  certain  force,  to  be  kept  in  constant  cruise. 
Such  a  league  once  begun,  other  nations  would  drop  into  it,  one 
by  one.  If  he  should  seem  to  approve  it,  it  might  then  be  sug- 
gested to  Congress,  who,  if  they  should  be  forced  to  try  the  mea- 
sure of  war,  would  doubtless  be  glad  of  such  an  ally.  As  the 
Portuguese  negotiation  should  be  hastened,  I  suppose  our  com- 
munications must  often  be  trusted  to  the  post,  availing  ourselves 
of  the  cover  of  our  cypher. 

I  am,  with  sincere  esteem.  Dear  Sir, 
your  friend  and  servant, 

Th:  Jefferson. 


LETTER    CXXXIX. 
TO    COLONEL    HUMPHREYS. 

Paris,  December  4,  1785, 

Dear  Sir, 
I  enclose  you  a  letter  from  Gatteaux,  observing  that  there  will 
be  an  anachronism,  if,  in  making  a  medaL  to  commemorate  the 
victory  of  Saratoga,  he  puts  on  General  Gates  the  insignia  of  the 
Cincinnati,  which  did  not  exist  at  that  date.  I  wrote  him,  in  an- 
swer, that  I  thought  so  too,  but  that  you  had  the  direction  of  the 
business ;  that  you  were  now  in  London  ;  that  I  would  write  to  you, 
and  probably  should  have  an  answer  within  a  fortnight ;  and,  that 
in  the  mean  time,  he  could  be  employed  on  other  parts  of  the  die. 
I  supposed  you  might  not  have  observed  on  the  print  of  General 
Gates,  the  insignia  of  the  Cincinnati,  or  did  not  mean  that  that 
particular  should  be  copied.  Another  reason  against  it  strikes  me. 
Congress  have  studiously  avoided  giving  to  the  public,  their  sense 
of  this  institution.  Should  medals  be  prepared,  to  be  presented 
from  them  to  certain  officers,  and  bearing  on  them  the  insignia  of 
the  order,  as  the  presenting  them  would  involve  an  approbation  of 


371 

the  mstitution,  a  previous  question  would  be  forced  on  them,  whe- 
ther they  would  present  these  medals  ?  I  am  of  opinion  it  would 
be  very  disagreeable  to  them,  to  be  placed  under  the  necessity  of 
making  this  declaration.  Be  so  good  as  to  let  me  know  your 
wishes  on  this  subject,  by  the  first  post. 

Mr.  Short  has  been  sick  ever  since  you  left  us.  Nothing  new 
has  occurred  here  since  your  departure.  I  imagine  you  have 
American  news.  If  so,  pray  give  us  some.  Present  me  affec- 
tionately to  Mr.  Adams  and  the  ladies,  and  to  Colonel  Smith ;  and 
be  assured  of  the  esteem  with  which  I  am.  Dear  Sir, 

your  friend  and  servant, 

Th:  Jefferson. 


LETTER    CXL. 

TO   JOHN    ADAMS. 

Paris,  December  10,  1785. 
Dear  Sir, 

On  the  arrival  of  Mr.  Boylston,  I  carried  him  to  the  Marquis 
de  la  Fayette,  who  received  from  him  communications  of  his  ob- 
ject. This  was  to  get  a  remission  of  the  duties  on  his  cargo  of 
oil,  and  he  was  willing  to  propose  a  future  contract.  I  suggested 
however  to  tlie  Marquis,  when  we  were  alone,  that  instead  of 
wasting  our  efforts  on  individual  applications,  we  had  better  take 
up  the  subject  on  general  ground,  and  whatever  could  be  obtained, 
let  it  be  common  to  all.  He  concurred  with  me.  As  the  jealousy 
of  office  between  ministers,  does  not  permit  me  to  apply  immedi- 
ately to  the  one  in  whose  department  this  was,  the  Marquis's  agency 
was  used.  The  result  was,  to  put  us  on  the  footing  of  the  Hanse- 
atic  towns,  as  to  whale  oil,  and  to  reduce  the  duties  to  eleven 
livres  and  five  sols  for  five  hundred  and  twenty  pounds,  French, 
which  is  very  nearly  two  livres  on  the  English  hundred  weight,  or 
about  a  guinea  and  a  half  the  ton.  But  the  oil  must  be  brought 
in  American  or  French  ships,  and  the  indulgence  is  limited  to  one 
year.  However,  as  to  this,  I  expressed  to  Count  de  Vergennes 
my  hopes  that  it  would  be  continued ;  and  should  a  doubt  arise,  I 
should  propose,  at  the  proper  time,  to  claim  it  under  the  treaty,  on 
the  footing  gentis  amicissimce.  After  all,  I  believe  Mr.  Boylston 
has  failed  of  selling  to  Sangrain^  and,  from  what  I  learn,  through 
a  little  too  much  hastiness  of  temper.  Perhaps  they  may  yet 
come  together,  or  he  may  sell  to  somebody  else. 


372 

When  the  general  matter  was  thus  arranged,  a  Mr.  Barrett  ar- 
rived here  from  Boston,  with  letters  of  recommendation  from  Go- 
vernor Bowdoin,  Gushing  and  others.  His  errand  was,  to  get  the 
whale  business  here  put  on  a  general  bottom,  instead  of  the  par- 
ticular one,  which  had  been  settled,  you  know,  the  last  year,  for  a 
special  company.  We  told  him  what  was  done.  He  thinks  it 
will  answer,  and  proposes  to  settle  at  L'Orient,  for  conducting  the 
sales  of  the  oil,  and  the  returns.  I  hope,  therefore,  that  this  mat- 
ter is  tolerably  well  fixed,  as  far  as  the  consumption  of  this  country 
goes.  I  know  not,  as  yet,  to  what  amount  that  is ;  but  shall  en- 
deavor to  find  out  how  much  they  consume,  and  how  much  they 
furnish  themselves.  1  propose  to  Mr.  Barrett,  that  he  should  in- 
duce either  his  State  or  individuals,  to  send  a  sufficient  number  of 
boxes  of  the  spermaceti  candle,  to  give  one  to  every  leading 
house  in  Paris;  I  mean  to  those  who  lead  the  to©:  and  at  the 
same  time,  to  deposite  a  quantity  for  sale  here,  and  advertise  them 
in  the  petites  qffiches.  I  have  written  to  Mr.  Carmichael,  to  know 
on  what  footing  the  use  and  introduction  of  the  whale  oil  is  there, 
or  can  be  placed. 

I  have  the  honor  to  be,  with  very  sincere  esteem.  Dear  Sir, 
your  most  obedient  humble  servant, 

Th:  Jefferson. 


LETTER    CXLI. 

TO    JOHN    ADAMS. 

Paris,  December  11, 1785. 
Dear  Sir, 

Baron  Polnitz  not  going  off  till  to  day,  enables  me  to  add  some 
information  which  I  received  from  Mr.  Barclay  this  morning. 
You  know  the  immense  amount  of  Beaumarchais'  accounts  with 
the  United  States,  and  that  Mr.  Barclay  was  authorised  to  settle 
them.  Beaumarchais  had  pertinaciously  insisted  on  settling  them 
with  Congress.  Probably  he  received  from  them  a  denial :  for 
just  as  Mr.  Barclay  was  about  to  set  out  on  the  journey  we  des- 
tined him,  Beaumarchais  tendered  him  a  settlement.  It  was 
thought  best  not  to  refuse  this,  and  that  it  would  produce  a  very 
short  delay.  However,  it  becomes  long,  and  Mr.  Barclay  thinks 
it  will  occupy  him  all  this  month.  The  importance  of  the  account, 
and  a  belief  that  nobody  can  settle  it  so  well  as  Mr.  Barclay,  who 


373 

is  intimately  acquainted  with  most  of  the  articles,  induce  me  to 
think  we  must  yield  to  this  delay.  Be  so  good  as  to  give  me 
your  opinion  on  this  subject. 

I  have  the  honor  to  be,  widi  very  great  esteem,  Dear  Sir, 
your  most  obedient  and   ^ 

most  humble  servant, 

Th:  Jefferson. 


LETTER  CXLII. 
TO    THE    COUNT    DE    VERGENNES. 

-^  ,  Paris,  December  21,  1785. 

Sir, 
I  have  received  this  moment  a  letter,  of  which  I  have  the  honor 
to  enclose  your  Excellency  a  copy.  It  is  on  the  case  of  Asquith 
and  others,  citizens  of  the  United  States,  in  whose  behalf  I  had 
taken  the  liberty  of  asking  your  interference.  I  understand  by 
this  letter,  that  they  have  been  condemned  to  lose  their  vessel  and 
cargo,  and  to  pay  six  thousand  livres  and  the  costs  of  the  prose- 
cution, before  the  25th  instant,  or  to  go  to  the  gallies.  This  pay- 
ment being  palpably  impossible  to  men  in  their  situation,  and  the 
execution  of  the  judgment  pressing,  I  am  obliged  to  trouble  your 
.Excellency  again,  by  praying,  if  the  government  can  admit  any 
mitigation  of  their  sentence,  it  may  be  extended  to  them,  in  time 
to  save  their  persons  from  its  effect. 

I  have  the  honor  to  be,  with  very  great  respect, 
your  Excellency's  most  obedient 

and  most  humble  servant, 

Th:  Jefferson. 


Sir, 


LETTER    CXLIIL 
TO    THE    GOVERNOR    OF    GEORGIA. 

Paris,  December  22,  1785. 


The  death  of  the  late  General  Oglethorpe,  who  had  considera- 
ble possessions  in  Georgia,  has  given  rise,  as  we  understand,  to 
questions  whether  those  possessions  have  become  the  property  of 
the  State,  or  have  been  transferred  by  his  will  to  his  widow,  or 


3f4 

descended  on  the  nearest  heir  capable  m  law  of  taking  them.  In 
the  latter  case,  the  Chevalier  de  Mezieres,  a  subject  of  France, 
stands  foremost,  as  being  made  capable  of  the  inheritance  by  the 
treaty  between  this  country  and  the  United  States.  Under  the 
regal  government,  it  was  tlie  practice  with  us,  when  lands  passed 
to  the  crown  by  escheat  or  forfeiture,  to  grant  them  to  such  rela- 
tion of  the  party,  as  stood  on  the  fairest  ground.  This  was  even 
a  chartered  right  in  some  of  the  States.  The  practice  has  been 
continued  among  them,  as  deeming  that  the  late  Revolution  should, 
in.no  instance,  abridge  the  rights  of  the  people.  Should  this  have 
been  the  practice  in  the  State  of  Georgia,  or  should  they,  in  any 
instance,  think  proper  to  admit  it,  I  am  persuaded  none  will  arise, 
in  which  it  would  be  more  expedient  to  do  it,  than  in  the  present, 
and  that  no  person's  expectations  should  be  fairer  than  those  of  the 
Chevalier  de  Mezieres.  He  is  the  nephew  of  General  Oglethorpe, 
he  is  of  singular  personal  merit,  an  officer  of  rank,  of  high  connec- 
tions, and  patronised  by  the  ministers.  His  case  has  drawn  their 
attention,  and  seems  to  be  considered  as  protected  by  the  treaty 
of  alliance,  and  as  presenting  a  trial  of  our  regard  to  that.  Should 
these  lands  be  considered  as  having  passed  to  the  State,  I  take  the 
liberty  of  recommending  him  to  the  legislature  of  Georgia,  as  wor- 
thy of  their  generosity,  and  as  presenting  an  opportunity  of  prov- 
ing the  favorable  dispositions  which  exist  throughout  America,  to- 
wards the  subjects  of  this  country,  and  an  opportunity  too,  which 
will  probably  be  known  and  noted  here. 

In  the  several  views,  therefore,  of  personal  merit,  justice,  gene- 
rosity and  policy,  I  presume  to  recommend  the  Chevalier  de 
Mezieres,  and  his  interests,  to  the  notice  and  patronage  of  your 
Excellency,  whom  the  choice  of  your  country  has  sufficiently 
marked,  as  possessing  the  dispositions,  while  it  has,  at  the  same 
time,  given  you  the  power,  to  befriend  just  claims.  The  Chevalier 
de  Mezieres  will  pass  over  to  Georgia  in  the  ensuing  spring  ;  but, 
should  he  find  an  opportunity,  he  will  probably  forward  this  letter 
sooner.  I  have  the  honbr  to  be,  with  sentiments  of  the  most  pro- 
found respect, 

your  Excellency's  most  obedient, 

and  inost  humble  servant, 

Th;  Jefferson, 


375 

LETTER    CXLIV. 

TO    THE    GEORGIA    DELEGATES    IN    CONGRESS. 

Paris,  December  22, 1785. 
Gentlemen, 

By  my  despatch  to  Mr.  Jay,  which  accompanies  this,  you  will 
perceive  that  the  claims  of  the  Chevalier  de  Mezieres,  nephew  to 
the  late  General  Oglethorpe,  to  his  possessions  within  your  State, 
have  attracted  the  attention  of  the  ministry  here ;  and  that  consi- 
dering them  as  protected  by  their  treaty  with  us,  they  have  viewed 
as  derogatory  of  that,  the  doubts  which  have  been  expressed  on 
the  subject.  I  have  thought  it  best  to  present  to  them  those  claims 
in  the  least  favorable  point  of  view,  to  lessen,  as  much  as  possible, 
the  ill  effects  of  a  disappointment :  but  I  think  it  my  duty  to  ask 
your  notice  and  patronage  of  this  case  ;  as  one  whose  decision  will 
have  an  effect  on  the  general  interests  of  the  Union. 

The  Chevalier  de  Mezieres  is  nephew  to  General  Oglethorpe; 
he  is  a  person  of  great  estimation,  powerfully  related  and  protect- 
ed. His  interests  are  espoused  by  those  whom  it  is  our  interest 
to  gratify.  I  will  take  the  libert)^,  therefore,  of  soliciting  your  re- 
commendations of  him  to  the  generosity  of  your  legislature,  and  to 
the  patronage  and  good  offices  of  your  friends,  whose  efforts, 
though  in  a  private  case,  will  do  a  public  good.  The  pecuniary 
advantages  of  confiscation,  in  this  instance,  cannot  compensate  its 
ill  effects.  It  is  difficult  to  make  foreigners  understand  those  legal 
distinctions  between  the  effects  of  forfeiture,  of  escheat,  and  of 
conveyance,  on  which  the  professors  of  the  law  might  build  their 
opinions  in  this  case.  They  can  see  only  the  outlines  of  the  case ; 
to  wit,  the  death  of  a  possessor  of  lands  lying  within  the  United 
States,  leaving  an  heir  in  France,  and  the  State  claiming  those 
lands  in  opposition  to  the  heir.  An  individual,  thinking  himself  in- 
jured, makes  more  noise  than  a  State.  Perhaps,  too,  in  every  case 
which  either  party  to  a  treaty  thinks  to  be  within  its  provisions,  it  is 
better  not  to  weigh  the  syllables  and  letters  of  the  treaty,  but  to 
shew  that  gratitude  and  affection  render  that  appeal  unnecessary. 
I  take  the  freedom,  therefore,  of  submitting  to  your  wisdom,  the 
motives  which  present  themselves  in  favor  of  a  grant  to  the  Che- 
valier de  Mezieres,  and  the  expediency  of  urging  them  on  your 
State,  as  far  as  you  may  think  proper. 

I  have  the  honor  to  be,  with  sentiments  of  the  highest  respect, 
Gentlemen, 

your  most  obedient 

and  most  humble  servant, 

Th:  Jefferson. 


Iri 


6 


LETTER    CXLV. 

TO    JOHN    ADAMS. 

Paris,  December  27,  1785. 


Dear  Sir, 

Your  favors  of  the  13th  and  20th,  were  put  into  my  hands  to 
day.  This  will  be  delivered  you  by  Mr.  Dalrymple,  secretary  to 
the  legation  of  Mr.  Crawford.  I  do  not  know  whether  you  were 
acquainted  with  him  here.  He  is  a  young  man  of  learning  and 
candor,  and  exhibits  a  phenomenon  I  never  before  met  with,  that 
is,  a  republican  born  on  the  north  side  of  the  Tweed. 

You  have  been  consulted  in  the  case  of  the  Chevalier  de  Me- 
zieres,  nephew  to  General  Oglethorpe,  and  are  understood  to  have 
given  an  opinion  derogatory  of  our  treaty  with  France.  I  was 
also  consulted,  and  understood  in  the  same  way.  I  was  of  opinion, 
the  Chevalier  had  no  right  to  the  estate,  and  as  he  had  determined 
the  treaty  gave  him  a  right,  I  suppose  he  made  the  inference  for 
me,  that  the  treaty  was  of  no  weight.  The  Count  de  Vergennes 
mentioned  it  to  me  in  such  a  manner,  that  I  found  it  was  neces- 
sary to  explain  the  case  to  him,  and  shew  him  that  the  treaty  had 
nothing  to  do  with  it.  I  enclose  you  a  copy  of  the  explanation  I 
delivered  him. 

Mr.  Boylston  sold  his  cargo  to  an  agent  of  Monsieur  Sangrain. 
He  got  for  it  fifty-five  livres  the  hundred  weight.  I  do  not  think 
that  his  being  joined  to  a  company  here,  would  contribute  to  its 
success.  His  capital  is  not  wanting.  Le  Conteux  has  agreed 
that  the  merchants  of  Boston,  sending  whale  oil  here,  may  draw 
on  him  for  a  certain  proportion  of  money,  only  giving  such  a  time 
in  their  drafts,  as  will  admit  the  actual  arrival  of  the  oil  into  a 
port  of  France,  for  his  security.  Upon  these  drafts,  Mr.  Barrett 
is  satisfied  they  will  be  able  to  raise  money,  to  make  their  pur- 
chases in  America.  The  duty  is  seven  livres  and  ten  sols  on  the 
barrel  of  five  hundred  and  twenty  pounds,  French,  and  ten  sous 
on  every  livre,  which  raises  it  to  eleven  Hvres  and  five  sols,  the 
sum  I  mentioned  to  you.  France  uses  between  five  and  six  mil- 
lions of  pounds'  weight,  Freijch,  which  is  between  three  and  four 
thousand  tons,  Enghsh.  Their  own  fisheries  do  not  furnish  one 
million,  and  there  is  no  probability  of  their  improving.  Sangrain 
purchases  himself,  upwards  of  a  million.  He  tells  me  our  oil  is 
better  than  the  Dutch  or  English,  because  we  make  it  fresh, 
whereas  they  cut  up  the  whale,  and  bring  it  home  to  be  made,  so 
that  it  is,  by  that  time,   entered  into  fermentation.     Mr.  Barrett 


377 

says,  that  fifty  livres  the  hundred  weight,  will  pay  the  prime  cost 
and  duties,  and  leave  a  profit  of  sixteen  per  cent  to  the  merchant. 
I  hope  that  England  will,  within  a  year  or  two,  be  obliged  to  come 
here  to  buy  whale  oil  for  her  lamps. 

I  like  as  little  as  you  do,  to  have  the  gift  of  appointments.  I  hope 
Congress  will  not  tranfer  the  appointment  of  tlieir  consuls,  to  their 
ministers.  But  if  they  do,  Portugal  is  more  naturally  under  the  su- 
perintendance  of  the  minister  at  Madrid,  and  still  more  naturally  un- 
der that  of  the  minister  at  Lisbon,  where  it  is  clear  they  ought  to 
have  one.  If  all  my  hopes  fail,  the  letters  of  Governor  Bowdoin 
and  Gushing,  in  favor  of  young  Mr.  Warren,  and  your  more  de- 
tailed testimony  in  his  behalf,  are  not  likely  to  be  opposed  by  evi- 
dence of  equal  weight,  in  favor  of  any  other.  I  thmk  with  you, 
too,  that  it  is  for  the  public  interest  to  encourage  sacrifices  and 
services,  by  rewarding  them,  and  that  they  should  weigh  to  a  cer- 
tain point,  in  the  decision  between  candidates. 

I  am  sorry  for  the  illness  of  the  Chevalier  Pinto.  I  think  that 
treaty  important :  and  the  moment  to  urge  it,  is  that  of  a  treaty  be- 
tween France  and  England. 

Lambe,  who  left  this  place  the  6th  of  November,  was  at  Ma- 
drid the  10th  of  this  month.  Since  his  departure,  Mr.  Barclay 
has  discovered  that  no  copies  of  the  full  powers  were  furnished  to 
himself,  nor  of  course  to  Lambe.  Colonel  Franks  has  prepared 
copies,  which  I  will  endeavor  to  get,  to  send  by  this  conveyance 
for  your  attestation :  which  you  will  be  so  good  as  to  send  back 
by  the  first  safe  conveyance,  and  I  will  forward  them.  Mr.  Bar- 
clay and  Colonel  Franks  being  at  this  moment  at  St.  Germain's,  I 
am  not  sure  of  getting  the  papers  in  time  to  go  by  Mr.  Dalrymple. 
In  that  case,  I  will  send  them  by  Mr.  Bingham. 

Be  so  good  as  to  present  me  affectionately  to  Mrs.  and  Miss 
Adams,  to  Colonels  Smith  and  Humphreys,  and  accept  assurances 
of  the  esteerii  with  which  I  am.  Dear  Sir, 

your  friend  and  servant, 

Th:  Jefferson. 


VOL.  I.  48 


378 

LETTER    CXLVI. 
TO    JOHN    JAY. 

Paris,  January  2,  1786. 

Sir, 

Several  conferences  and  letters  having  passed  between  the 
Count  de  Vergennes  and  myself,  on  the  subject  of  the  commerce 
of  this  country  with  the  United  States,  I  think  them  sufficiently 
interesting  to  be  communicated  to  Congress.  They  are  stated  in 
the  form  of  a  report,  and  are  herein  enclosed.  The  length  of 
this  despatch,  perhaps  needs  apology.  Yet  1  have  not  been  able 
to  abridge  it,  without  omitting  circumstances  which  I  thought  Con- 
gress would  rather  choose  to  know.  Some  of  the  objects  of  these 
conferences  present  but  small  hopes  for  the  present,  but  they  seem 

to  admit  a  possibility  of  success  at  some  future  moment. 

*         *         *         *         *         **         *         * 

I  am,  Sir,  your  most  obedient  and 

most  humble  servant,  - 

Th:  Jefferson. 

[The  following  is  an  extract  from  the  report  referred  to  in  the 
preceding  letter,  embracing  every  thing  interesting  therein,  not 
communicated  to  the  reader  in  the  previous  correspondence.] 


The  next  levee  day  at  Versailles,  I  meant  to  bring  again  under 
the  view  of  the  Count  de  Vergennes,  the  whole  subject  of  our 
commerce  with  France ;  but  the  number  of  audiences  of  ambas- 
sadors and  other  ministers,  which  take  place,  of  course,  before 
mine,  and  which  seldom,  indeed,  leave  me  ,an  opportunity  of 
audience  at  all,  prevented  me  that  day.  I  was'  only  able  to  ask- 
of  the  Count  de  Vergennes,  as  a  particular  favor,  that  he  would 
permit  me  to  wait  on  him  some  day  that  week.  He  did  so,  and  1 
went  to  Versailles  the  Friday  following,  (the  9th  of  December.) 
M.  de  Reyneval  was  with  the  Count.  Our  conversation  began 
with  the  usual  topic ;  that  the  trade  of  the  United  States  had  not 
yet  learned  the  way  to  France,  but  continued  to  centre  in  Eng- 
land, though  no  longer  obliged  by  law  to  go  there.  I  observed,  that 
the  real  cause  of  this,  was  to  be  found  in  the  difference  of  the 
commercial  arrangements  in  the  two  countries;  that  merchants 
would  not,  and  could  not  trade  but  where  there  was  to  be  some 
gain;  that  the  commerce  between  two  countries  could  not  be  kept 
up,  but  by  an  exchange  of  commodities;  that,  if  an  American 


379 

merchant  was  forced  to  carry  his  produce  to  London,  it  could  not 
be  expected  he  would  make  a  voyage  from  thence  to  France, 
with  the  money,  to  lay  it  out  here ;  and,  in  like  manner,  that  if  he 
could  bring  his  commodities,  with  advantage,  to  this  country,  he 
would  not  make  another  voyage  to  England,  with  the  money,  to 
lay  it  out  there,  but  would  take  in  exchange  the  merchandise  of 
this  country.  The  Count  de  Vergennes  agreed  to  this,  and  par- 
ticularly, that  where  there  was  no  exchange  of  merchandise,  there 
could  be  no  durable  commerce  ;  and  that  it  was  natural  for  mer- 
chants to  take  their  returns  in  the  port  where  they  sold  their  cargo. 
I  desired  his  permission  then,  to  take  a  summary  view  of  the  pro- 
ductions of  the  United  States,  that  we  might  see  which  of  them 
could  be  brought  here  to  advantage. 

1.  Rice.  France  gets  from  the  Mediterranean  a  rice  not  so 
good  indeed,  but  cheaper  than  ours.  He  said  that  they  bought  of 
our  rice,  but  that  they  got  from  Egypt  also,  rice' of  a  very  fine 
quality.  I  observed  that  such  was  the  actual  state  of  their  com- 
merce, in  that  article,  that  they  take  litde  from  us.  2.  Indigo. 
They  make  a  plenty  in  their  own  colonies.  He  observed  that  they 
did,  and  that  they  thought  it  better  than  ours.  3.  Flour,  fish,  and 
provisions  of  all  sorts,  they  produce  for  themselves.  That  these 
articles  might,  therefore,  be  considered  as  not  existing,  for  com- 
merce, between  the  United  States  and  the  kingdom  of  France. 

I  proceeded  to  those  capable  of  becoming  objects  of  exchange 
between  the  two  nations.  1 .  Peltry  and  furs.  Our  posts  being 
in  the  hands  of  the  English,  we  are  cut  off  from  that  article.  I 
am  not  sure  even,  whether  we  are  not  obliged  to  buy  of  them,  for 
our  own  use.  When  these  posts  are  given  up,  if  ever  they  are, 
we  shall  be  able  to  furnish  France  with  skins  and  furs,  to  the 
amount  of  two  millions  of  livres,  in  exchange  for  her  merchan- 
dise :  but,  at  present,  these  articles  are  to  be  counted  as  nothing. 
2.  Potash.  An  experiment  is  making  whether  this  can  be  brought 
here.  We  hope  it  may,  but  at  present  it  stands  for  nothing.  He 
observed  that  it  was  much  wanted  in  France,  and  he  thought  it 
would  succeed.  3.  Naval  stores.  Trials  are  also  making  on  these, 
as  subjects  of  commerce  with  France.  They  are  heavy,  and  the 
voyage  long.  The  result,  therefore,  is  doubtful.  At  present,  they 
are  as  nothing  in  our  commercewith  this  country.  4.  Whale  oil.  I 
told  him  I  had  great  hopes,  that  the  late  diminution  of  duty,  would 
enable  us  to  bring  this  article,  with  advantage,  to  France:  that 
a  merchant  was  just  anived  (Mr.  Barrett)  who  proposed  to  setde  at 
L'Orient,  for  the  purpose  of  selling  the  cargoes  of  this  article, 
and  choosing  the  returns.  That  he  had  informed  me,  that  in  the 
first  year,  it  would  be  necessary  to  take  one  third  in  money,  and 


380 

the  remainder  only  in  merchandise ;  because  tlie  fishermen  require, 
indispensably,  some  money.  But  he  thought  that  after  the  first 
year,  the  merchandise  of  the  preceding  year,  would  always  pro- 
duce money  for  the  ensuing  one,  and  that  the  whole  amount  would 
continue  to  be  taken  annually  afterwards,  in  merchandise.  I 
added,  that  though  the  diminution  of  duty,  was  expressed  to  be 
but  for  one  year,  yet  I  hoped  they  would  find  their  advantage  in 
renewing  and  continuing  it:  for  that  if  they  intended  really  to  ad- 
mit it  for  one  year  only,  the  fishermen  would  not  find  it  worth 
while  to  rebuild  their  vessels,  and  to  prepare  themselves  for  the 
business.  The  Count  expressed  satisfaction  on  the  view  of  com- 
mercial exchange  held  up  by  this  article.  He  made  no  answer  as 
to  the  continuance  of  it;  and  I  did  not  choose  to  tell  him,  at  that 
time,  that  we  should  claim  its  continuance  under  their  treaty  with 
the  Hanseatic  towns,  which  fixes  this  duty  for  them,  and  our  own 
treaty,  which  gives  us  the  rights  of  the  most  favored  nation.  5. 
Tobacco.  I  recalled  to  the  memory  of  the  Count  de  Vergennes, 
the  letter  I  had  written  to  him  on  this  article ;  and  the  object  of 
the  present  conversation  being,  how  to  facilitate  the  exchange  of 
commerciable  articles  between  the  two  countries,  I  pressed  that  of 
tobacco  in  this  point  of  view ;  observed  that  France,  at  present, 
paid  us  two  millions  of  livres  for  this  article;  that  for  such  portions 
of  it  as  were  bought  in  London,  they  sent  the  money  directly 
there,  and  for  what  they  bought  in  the  United  States,  the  money 
was  still  remitted  to  London,  by  bills  of  exchange :  whereas,  if 
they  would  permit  our  merchants  to  sell  this  article  freely,  they 
would  bring  it  here,  and  take  the  returns  on  the  spot,  in  merchan- 
dise, not  money.  The  Count  observed,  that  my  proposition  con- 
tained what  was  doubtless  useful,  but  that  the  King  received  on 
this  article,  at  present,  a  revenue  of  twenty-eight  millions,  which 
was  so  considerable,  as  to  render  them  fearful  of  tampering  with 
it ;  that  the  collection  of  this  revenue  by  way  of  Farm,  was  of 
very  antient  date,  and  that  it  was  always  hazardous  to  alter  ar- 
rangements of  long  standing,  and  of  such  infinite  combinations 
with  the  fiscal  system.  I  answered,  that  the  simplicity  of  the 
mode  of  collection  proposed  for  this  arUcle,  withdrew  it  from  all 
fear  of  deranging  other  parts  of  their  system ;  that  I  supposed 
they  would  confine  the  importation  to  some  of  their  principal  ports, 
probably,  not  more  than  five  or  six ;  that  a  single  collector  in  each 
of  these,  was  the  only  new  officer  requisite ;  that  he  could  get  rich 
himself  on  six  hvres  a  hogshead,  and  would  receive  the  whole 
revenue,  and  pay  it  into  the  treasury,  at  short  hand.  M.  de  Rey- 
neval  entered  particularly  into  this  part  of  the  conversation,  and 
explained  to  the  Count,  more  in  detail,  the  advantages  and  sim- 


381 

plicity  of  it,  and  concluded  by  observing  to  me,  that  it  sometimes 
happened  that  useful  proposidons,  though  not  practicable  at  one 
time,  might  become  so  at  another.  I  told  him  that  that  consider- 
ation had  induced  me  to  press  the  matter  when  I  did,  because,  I 
had  understood  the  renewal  of  the  Farm  was  then  on  the  carpet, 
and  that  it  was  the  precise  moment,  when  I  supposed  that  this  por- 
tion might  be  detached  from  the  mass  of  the  Farms.  I  asked 
the  Count  de  Vergennes  whether,  if  the  renewal  of  the  Farm  was 
pressings  this  article  might  not  be  separated,  merely  in  suspense, 
till  government  should  have  time  to  satisfy  themselves  on  the  ex- 
pediency of  renewing  it.     He  said  no  promises  could  be  made. 

In  the  course  of  this  conversation,  he  had  mentioned  the  liberty 
we  enjoyed  of  carrying  our  fish  to  the  French  islands.  I  repeated 
to  him  what  I  had  hinted  in  my  letter,  of  November  the  20th, 
1785,  that  I  considered  as  a  prohibition,  the  laying  such  duties  on 
our  fish,  and  giving  such  premiums  on  theirs,  as  made  a  difference 
between  their  and  our  fishermen  of  fifteen  livres  the  quintal,  in  an 
article  which  sold  for  but  fifteen  livres.  He  said  it  would  not  have 
that  effect,  for  two  reasons.  1.  That  their  fishermen  could  not 
furnish  supplies  sufficient  for  their  islands,  and,  of  course,  the  in- 
habitants must,  of  necessity,  buy  our  fish.  2.  That  from  the  con- 
stancy of  ,our  fishery,  and  the  short  season  during  which  theirs 
continued,  and  also  from  the  economy  and  management  of  ours, 
compared  widi  the  expense  of  theirs,  we  had  always  been  able  to 
sell  our  fish,  in  their  islands,  at  twenty-five  livres  the  quintal,  while 
they  were  obliged  to  ask  thirty-six  livres.  (I  suppose  he  meant 
the  livre  of  the  French  islands.)  That  thus,  the  duty  and  premium 
had  been  a  necessary  operation  on  their  side,  to  place  the  sale  of 
their  fish  on  a  level  with  ours,  and,  tliat  without  this,  theirs  could 
not  bear  the  competition. 

I  have  here  brought  together  the  substance  of  what  was  said  on 
the  preceding  subjects,  not  pretending  to  give  it  verbatim,  which 
my  memory  does  not  enable  me  to  do.  I  have,  probably,  omitted 
many  things  which  were  spoken,  but  have  mentioned  nothing 
which  was  not.  It  was  interrupted,  at  times,  with  collateral  mat- 
ters. .  One  of  these  was  important.  The  Count  de  Vergennes 
complamed,  and  with  a  good  deal  of  stress,  that  they  did  not  find 
a  sufficient  dependance  on  arrangements  taken  with  us.  This  was 
the  third  time  too,  he  had  done  it ;  first,  in  a  conversation  at  Fon- 
tainebleau,  when  he  first  complained  to  me  of  the  navigation  acts 
of  Massachusetts  and  New  Hampshire  ;  secondly,  in  his  letter  of 
October  the  30th,  1785,  on  die  same  subject;  and  now,  in  the 
present  conversation,  wherein  he  added,  as  anotiier  instance,  die 
case  of  the  Chevalier  de  Mezieres,  heir  of  General  Oglethorpe, 


382 

who,  notwithstanding  that  the  11th  article  of  the  treaty  provides, 
that  the  subjects  or  citizens  of  either  party,  shall  succeed,  ah  intes- 
tato^  to  the  lands  of  their  ancestors,  within  the  dominions  of  the 
other,  had  been  informed  from  Mr.  Adams,  and  by  me  also,  that  his 
right  of  succession  to  the  General's  estate  in  Georgia,  was  doubt- 
ful. He  observed  too,  that  the  administration  of  justice  with  us, 
was  tardy,  insomuch,  that  their  merchants,  when  they  had  money 
due  to  them  within  our  States,  considered  it  as  desperate ;  and, 
that  our  commercial  regulations,  in  general,  were  disgusting  to 
them.  These  ideas  were  new,  serious  and  delicate.  I  decided, 
therefore,  not  to  enter  into  them  at  that  moment,  and  the  rather, 
as  we  were  speaking  in  French,  in  which  language  I  did  not  choose 
to  hazard  myself.  I  withdrew  from  the  objections  of  the  tardi- 
ness of  justice  with  us,  and  the  disagreeableness  of  our  commer- 
cial regulations,  by  a  general  observation,  that  I  was  not  sensible 
they  were  well  founded.  With  respect  to  the  case  of  the  Chevalier 
de  Mezieres,  I  was  obliged  to  enter  into  some  explanations. 
They  related  chiefly  to  the  legal  operation  of  our  Declaration  of 
Independence,  to  the  undecided  question  whether  our  citizens  and 
British  subjects,  were  thereby  made  aliens  to  one  another,  to  the 
general  laws  as  to  conveyances  of  land  to  aliens,  and  the  doubt, 
whether  an  act  of  the  Assembly  of  Georgia  might  not  have  been 
passed,  to  confiscate  General  Oglethorpe's  property,  which  would 
of  course  prevent  its  devolution  on  any  heir.  M.  Reyneval  ob- 
served, that  in  this  case,  it  became  a  mere  question  of  fact,  whe- 
ther a  confiscation  of  these  lands  had  taken  place  before  the  death 
of  GeneralOglethorpe,  which  fact  might  be  easily  known  by  inqui- 
ries in  Georgia,  where  the  possessions  lay.  I  thought  it  very  ma- 
terial, that  the  opinion  of  this  court  should  be  set  to  rights  on 
these  points.  On  my  return,  therefore,  I  wrote  the  following  ob- 
servations on  them,  which,  the  next  time  I  went  to  Versailles,  (not 
having  an  opportunity  of  speaking  to  the  Count  de  Vergennes)  I 
put  into  the  hands  of  M.  Reyneval,  praying  him  to  read  them,  and 
to  ask  the  favor  of  the  Count  to  do  the  same. 

Explanations  on  some  of  the  subjects  of  the  conversation,  DShich  I 
had  the  honor  of  having  with  his  Excellency,  the  Count  de  Ver- 
gennes, when  I  was  last  at  Versailles, 

The  principal  design  of  that  conversation  was,  to  discuss  those 
articles  of  commerce  which  the  United  States  could  spare,  which 
are  wanted  in  France,  and,  If  received  there  on  a  convenient  foot- 
ing, would  be  exchanged  for  the  productions  of  France.  But  in 
the  course  of  the  conversation,  some  circumstances  were  inciden- 


383 

tally  mentioned  by  the  Count  de  Vergennes,  which  induced  me  to 
suppose  he  had  received  impressions,  neither  favorable  to  us,  nor 
derived  from  perfect  information. 

The  case  of  the  Chevalier  de  Mezieres  was  supposed  to  fur- 
nish an  instance  of  our  disregard  to  treaties ;  and  the  event  of  that 
case  was  inferred  from  opinions  supposed  to  have  been  given  by 
Mr.  Adams  and  myself.  This  is  ascribing  a  weight  to  our  opin- 
ions, to  which  they  are  not  entitled.  They  will  have  no  influ- 
ence on  the  decision  of  the  case.  The  judges  in  our  courts, 
would  not  suffer  them  to  be  read.  Their  guide  is  the  law  of  the 
land,  of  which  law,  its  treaties  make  a  part.  Indeed,  I  know  not 
what  opinion  Mr.  Adams  may  have  given  on  the  case.  And,  if 
any  be  imputed  to  him  derogatory  of  our  regard  to  the  treaty  with 
France,  I  think  his  opinion  has  been  misunderstood.  With  re- 
spect to  myself,  the  doubts  which  I  expressed  to  the  Chevalier  de 
Mezieres,  as  to  the  success  of  his  claims,  were  not  founded  on 
any  question  w^iether  the  treaty  between  France  and  tlie  United 
States,  would  be  observed.  On  the  contrary,  I  venture  to  pro- 
nounce that  it  will  be  religiously  observed,  if  his  case  comes  under 
it.  But  I  doubted  whether  it  would  come  under  the  treaty.  The 
case,  as  I  understand  it,  is  this.  General  Oglethorpe,  a  British 
subject,  had  lands  in  Georgia.  He  died  since  tlie  peace,  having 
devised  these  lands  to  his  wife.  His  heirs  are  the  Chevalier  de 
Mezieres,  son  of  his  eldest  sister,  and  the  Marquis  de  Bellegarde, 
son  of  his  younger  sister.  This  case  gives  rise  to  legal  questions, 
some  of  which  have  not  yet  been  decided,  either  in  England  or 
America,  the  laws  of  which  countries  are  nearly  the  same. 

1 .  It  is  a  question  under  the  laws  of  those  countries,  whether 
persons  horn  before  their  separation,  and  once  completely  invested, 
in  both,  with  the  character  of  natural  subjects,  can  ever  become 
aliens  in  either  ?  There  are  respectable  opinions  on  both  sides. 
If  the  negative  be  right,  then  General  Oglethorpe  having  never 
become  an  alien,  and  having  devised  his  lands  to  his  wife,  who,  on 
this  supposition,  also,  was  not  an  alien,  the  devise  has  transferred 
the  lands  to  her,  and  there  is  nothing  left  for  the  treaty  to  ope- 
rate on. 

2.  If  the  affirmative  opinion  be  right,  and  the  inhabitants  of  Great 
Britain  and  America,  horn  before  the  Revolution,  are  become  aliens 
to  each  other,  it  follows  by  the  laws  of  both,  that  the  lands  which 
either  possessed,  within  the  jurisdiction  of  the  other,  became  the 
property  of  the  State  in  which  they  are.  But  a  question  arises, 
whether  the  transfer  of  the  property  took  place  on  the  Declaration 
of  Independence,  or  not  till  an  office,  or  an  act  of  Assembly,  had 
declared  the  transfer.     If  the  property  passed  to  the  State  on  the 


384 

Declaration  of  Independence,  then  it  did  not  remain  ih  General 
Oglethorpe,  and,  of  course,  at  the  time  of  his  death,  he  having  no- 
thing, there  was  nothing  to  pass  to  his  heirs,  and  so,  nqfthing  for  the 
treaty  to  operate  on. 

3.  If  the  property  does  not  pass  till  declared  by  an  office  found 
by  jury,  or  an  act  passed  by  the  Assembly,  the  question  then,  is, 
whether  an  office  had  been  found,  or  an  act  of  5Vssembly  been 
passed  for  that  purpose,  before  the  peace  ?  If  thcBe  was,  the  lands 
had  passed  to  the  State  during  his  life,  and  noting  being  left  in 
him,  there  is  nothing  for  his  heirs  to  claim  unden  the  treaty. 

4.  If  the  property  had  not  been  transferred  to  the  State,  before 
the  peace,  either  by  the  Declaration  of  Independence,  or  an  office, 
or  an  act  of  Assembly,  then  it  remained  in  Geiferal  Oglethorpe  at 
the  epoch  of  the  peace ;  and  it  will  be  insisted,  no  doubt,  that,  by 
the  sixth  article  of  the  treaty  of  peace,  between  the  United  States 
and  Great  Britain,  which  forbids  future  confiscations.  General  Ogle- 
thorpe acquired  a  capacity  of  holding  and  of  conveying  his  lands. 
He  has  conveyed  them  to  his  wife.  But,  she  being  an  alien,  it 
will  be  decided  by  the  laws  of  the  land,  whetljer  she  took  them 
for  her  own  use,  or  for  the  use  of  the  State.  For  it  is  a  general 
principle  of  our  law,  that  conveyances  to  alien^pass  the  lands  to 
the  State  ;  and  it  may  be  urged,  that  though,  by  the  treaty  of  peace. 
General  Oglethorpe  could  convey,  yet  that  treat)^  did  not  mean  to 
give  him  a  greater  privilege  of  conveyance,  thail  natives  hold,  to 
wit,  a  privilege  of  transferring  the  property  to  persons  incapable, 
by  law,  of  taking  it.  However,  this  would  be  a  question  between 
the  State  of  Georgia  and  the  widow  of  General  Oglethorpe,  in  the 
decision  of  which,  the  Chevalier  de  Mezi^^res  is  not  interested,  be- 
cause, whether  she  takes  the  land  by  the  will,  for  her  own  use,  or 
for  that  of  the  State,  it  is  equally  prevented  from  descending  to 
him :  there  is  neither  a  conveyance  to  him,  nor  a  succession  ah 
intestato  devolving  on  him,  which  are  the  cases  provided  for  by 
our  treaty  with  France.  To  sum  up  the  matter  in  a  few  words ; 
if  the  lands  had  passed  to  the  State  before  the  epoch  of  peace,  the 
heirs  of  General  Oglethorpe  cannot  say  they  have  descended  on 
them,  and  if  they  remained  in  the  General  at  that  epoch,  the  treaty 
saving  them  to  him,  he  could  convey  them  away  from  his  heirs,  and 
he  has  conveyed  them  to  his  widow,  either  for  her  own  use,  or  for 
that  of  the  State. 

Seeing  no  event,  in  which,  according  to  the  facts  stated  to  me, 
the  treaty  could  be  applied  to  this  case,  or  could  give  any  right, 
whatever,  to  the  heirs  of  General  Oglethorpe,  I  advised  the  Cheva- 
lier de  Mezieres  not  to  urge  his  pretensions  on  the  footing  of  right, 
nor  under  the  ti'eaty,  but  to  petition  the  Assembly  of  Georgia  for  a 


385 

grant  of  these  lands.  If,  in  the  question  between  the  State  and 
the  widow  of  General  Oglethorpe,  it  should  be  decided  that  they 
were  the  property  of  the  State,  I  expected  from  their  generosity,  and 
the  friend\j^  dispositions  in  America  towards  the  subjects  of  France, 
that  they  would  be  favorable  to  the  Chevalier  de  Mezieres.  There 
is  nothing  in  the  preceding  observations,  which  would  not  have  ap- 
plied against  the  heir  of  General  Oglethorpe,  had  he  been  a  native 
citizen  of  Georgia,  as  it  now  applies  against  him,  being  a  subject  of 
France.  The  treaty  has  placed  the  subjects  of  France  on  a  foot- 
ing with  natives,  as  to  conveyances  and  descent  of  property. 
There  was  no  Occasion  for  tlie  Assemblies  to  pass  laws  on  this  sub- 
ject ;  the  treaty  being  a  law,  as  I  conceive,  superior  to  those  of  par- 
ticular Assembles,  and  repealing  them,  where  they  stand  in  the 
way  of  its  operations. 

The  supposition  that  the  treaty  was  disregarded  on  our  part,  in 
the  instance  of  the  acts  of  Assembly  of  Massachusetts  and  New 
Hampshire,  which  made  a  distinction  between  natives  and  foreign- 
ers, as  to  the  duties  to  be  paid  on  commerce,  was  taken  notice  of 
in  the  letter  of  November  the  20th,  which  I  had  the  honor  of  ad- 
dressing to  the  Count  de  Vergennes.  And  while  I  express  my 
hopes,  that,  on  a  revision  of  these  subjects,  nothing  will  be  found 
in  them  derogatory  from  either  the  letter  or  spirit  of  our  treaty,  I 
will  addt  assurances  that  the  United  States  will  not  be  behind  hand, 
in  going  beyond  both,  whenever  occasions  shall  offer  of  manifesting 
their  sincere  attachment  to  this  country. 

I  will  pass  on  to  the  observation,  that  our  commercial  regulations 
are  difficult,  and  repugnant  to  the  French  merchants.  To  detail 
these  regulations  minutely,  as  they,  exist  in  every  State,  would  be 
beyond  my  information.  A  general  view  of  them,  however,  will 
suffice,  because,  the  States  differ  little  in  their  several  regulations. 
On  the  arrival  of  a  ship  in  America,  her  cargo  must  be  reported 
at  the  proper  office.  The  duties  on  it  are  to  be  paid.  These  are 
commonly  from  two  and  a  half  to  five  per  cent  on  its  value.  On 
many  articles,  the  value  of  which  is  tolerably  uniform,  the  precise 
sum  is  fixed  by  law.  A  tariff  of  these  is  presented  to  the  importer, 
and  he  can  see  what  he  has  to  pay,  as  well  as  the  officer.  For 
other  articles,  the  duty  is  such  a  per  cent  on  their  value.  That 
value  is  either  shewn  by  the  invoice,  or  by  the  oath  of  the  importer. 
This  operation  being  once  over,  and  it  is  a  very  short  one,  the 
goods  are  considered  as  entered,  and  may  then  pass  through  the 
whole  thirteen  States,  without  their  being  ever  more  subject  to  a 
question,  unless  they  be  re-shipped.  Exportation  is  still  more 
simple  :  because,  as  we  prohibit  the  exportation  of  nothing,  and 
very  rarely  lay  a  duty  on  any  article  of  export,  the  State  is  litde 
VOL.   I.  49  ' 


386 

interested  in  examining  outward  bound  vessels.  The  captain  asks 
a  clearance  for  his  own  purposes.  As  to  the  operations  of  internal 
commerce,  such  as  matters  of  exchange,  of  buying,  selling,  barter- 
ing, he.  our  laws  are  the  same  as  the  English.  If  they  have  been 
altered  in  any  instance,  it  has  been  to  render  them  more  simple. 

Lastly,  as  to  the  tardiness  of  the  administration  of  justice  with 
us,  it  would  be  equally  tedious  and  impracticable  for  me,  to  give  a 
precise  account  of  it  in  every  State.  But  I  think  it  probable,  that 
it  is  much  on  the  same  footing  through  all  the  States,  and  that  an 
account  of  it  in  any  one  of  them,  may  found  a  general  presump- 
tion of  it  in  the  others.  Being  best  acquainted  with  its  adminis- 
tration in  Virginia,  I  shall  confine  myself  to  that.  Before  the  Re- 
volution, a  judgment  could  not  be  obtained  under  eight  years,  in 
the  supreme  court,  where  the  suit  was  in  the  department  of  tlie 
common  law,  which  department  embraces  about  nine  tenths  of  the 
subjects  of  legal  contestation.  In  that  of  the  chancery,  from  twelve 
to  twenty  years  were  requisite.  This  did  not  proceed  from  any 
vice  in  the  laws,  but  from  the  indolence  of  the  judges  appointed 
by  the  King  :  and  these  judges  holding  their  offices  during  his  will 
only,  he  could  have  reformed  the  evil  at  any  time.  This  reform- 
ation was  among  the  first  works  of  the  legislature,  after  our  inde- 
pendence. A  judgment  can  now  be  obtained  in  the  supreme 
court,  in  one  year,  at  the  common  law,  and  in  about  tliree  years, 
in  the  chancery.  But  more  particularly  to  protect  the  commerce 
of  France,  which,  at  that  moment,  was  considerable  with  us,  a  law 
was  passed,  giving  all  suits  wherein  a  foreigner  was  a  party,  a  pri- 
vilege to  be  tried  immediately,  on  the  return  of  his  process,  with- 
out waiting  till  those  of  natives,  which  stand  before  them,  shall  have 
been  decided  on.  Out  of  this  act,  however,  the  British  stand  ex- 
cluded by  a  subsequent  one.  This,  with  its  causes,  must  be  ex- 
plained. The  British  army,  after  ravaging  the  State  of  Virginia, 
had  «ent  off  a  very  great  number  of  slaves,  to  New  York.  By  the 
seventh  article  of  the  treaty  of  peace,  they  stipulated  not  to  carry 
away  any  of  these.  Notwithstanding  this,  it  was  known,  when 
they  were  evacuating  New  York,  that  they  were  carrying  away 
the  slaves.  General  Washington  made  an  official  demand  of  Sir 
Guy  Carleton,  that  he  should  cease  to  send  them  away.  He  an- 
swered, that  these  people  had  come  to  them  under  promise  of  the 
King's  protection,  and  that  that  promise  should  be  fulfilled,  in  pre- 
ference to  the  stipulation  in  the  treaty.  The  State  of  Virginia,  to 
which  nearly  the  whole  of  these  slaves  belonged,  passed  a  law  to 
forbid  the  recovery  of  debts  due  to  British  subjects.  They  de- 
clared, at  the  same  time,  they  would  repeal  the  law,  if  Congress 
were  of  opinion  they  ought  to  do  it.     But,  desirous  that  their  citi- 


387 

zens  should  be  discharging  their  debts,  they  afterwards  permitted 
British  creditors  to  prosecute  their  suits,  and  to  receive  their  debts 
in  seven  equal  and  annual  payments ;  relying  that  the  demand  for 
the  slaves,  would  either  be  admitted  or  denied  in  time,  to  lay  their 
hands  on  some  of  the  latter  payments,  for  reimbursement.  The 
immensity  of  this  debt,  was  another  reason  for  forbidding  such  a 
mass  of  property  to  be  offered  for  sale  under  execution,  at  once, 
as,  from  the  small  quanuty  of  circulating  money,  it  must  have  sold 
for  litde  or  nothing,  whereby  the  creditor  would  have  failed  to  re- 
ceive his  money,  and  the  debtor  would  have  lost  his  whole  estate, 
without  being  discharged  of  his  debt.  This  is  the  history  of  the 
delay  of  justice  in  that  country,  in  the  case  of  British  creditors. 
As  to  all  others,  its  administration  is  as  speedy  as  justice  itself  will 
admit.  I  presume  it  is  equally  so  in  all  the  other  States,  and  can 
add,  that  it  is  administered  in  them  all,  with  a  purit]^  and  integrity, 
of  which  few  countries  afford  an  example. 

I  cannot  take  leave,  altogether,  of  the  subjects  of  this  conversa- 
tion, without  recalling  the  attention  of  the  Count  de  Vergennes,  to 
what  had  been  its  principal  drift.  This  was  to  endeavor  to  bring 
about  a  direct  exchange  between  France  and  the  United  States, 
(without  the  intervention  of  a  third  nation)  of  those  productions, 
with  which  each  could  furnish  the  other.  We  can  furnish  to 
France,  (because  we  have  heretofore  furnished  to  England)  of 
whale  oil  and  spermaceti,  of  furs  and  peltry,  of  ships  and  naval 
stores,  and  of  potash,  to  the  amount  of  fifteen  millions  of  livres ; 
and  the  quantities  will  iadmit  of  increase.  Of  our  tobacco,  France 
consumes  the  value  often  millions  more.  Twenty-five  millions  of 
livres,  then,  mark  the  extent  of  that  commerce  of  exchange,  which 
is,  at  present,  practicable  between  us.  We  want,  in  return,  pro- 
ductions and  manufactures,  not  money.  If  the  duties  on  our  pro- 
duce are  light,  and  the  sale  free,  we  shall  undoubtedly  bring  it 
here,  and  lay  out  the  proceeds  on  the  spot,  in  the  productions  and 
manufactures  which  we  want.  The  merchants  of  France,  will, 
on  their  part,  become  active  in  the  same  business.  We  shall  no 
more  think,  when  we  shall  have  sold  our  produce  here,  of  making 
an  useless  voyage  to  another  country,  to  lay  out  the  money,  than 
we  think,  at  present,  when  we  have  sold  it  elsewhere,  of  coming 
here  to  lay  out  the  money.  The  conclusion  is,  that  there  are 
commodities  which  form  a  basis  of  exchange,  to  the  extent  of  a 
million  of  guineas  annually :  it  is  for  the  wisdom  of  those  in  power, 
to  contrive  that  the  exchange  shall  be  made. 

Having  put  this  paper  into  the  hands  of  Monsieur  Reyneval,  we 
entered  into  conversation  again,  on  the  subject  of  the  Farms,  which 
were  now  understood  to  be  approaching  to  a  conclusion.     He  told 


388 

me,  that  he  was  decidedly  of  opinion,  that  the  interest  of  the  State 
required  the  Farm  of  tobacco  to  be  discontinued,  and  that  he  had,  ac- 
cordingly, given  every  aid  to  my  proposition,  which  laid  within  his 
sphere  :  that  the  Count  de  Vergennes  was  very  clearly  of  the  same 
opinion,  and  had  supported  it  strongly  with  reasons  of  his  own, 
when  he  transmitted  it  to  the  Comptroller  General ;  but  that  the 
Comptroller,  in  the  discussions  of  this  subject  which  had  taken 
place,  besides  the  objections  which  the  Count  de  Vergennes  had 
repeated  to  me,  and  which  are  before  mentioned,  had  added, 
that  the  contract  with  the  Farmers  General  was  now  so  far  ad- 
vanced, that  the  article  of  tobacco  could  not  be  withdrawn  from 
it,  without  unraveling  the  whole  transaction.  Having  understood, 
that,  in  this  contract,  there  was  always  reserved  to  the  crown,  a 
right  to  discontinue  it  at  any  moment,  making  just  reimbursements 
to  the  Farmers^  I  asked  M.  Reyneval,  if  the  contract  should  be 
concluded  in  its  present  form,  whether  it  might  still  be  practicable 
to  have  it  discontinued,  as  to  the  article  of  tobacco,  at  some  fu- 
ture moment.     He  said  it  might  be  possible. 

Upon  the  whole,  the  true  obstacle  to  this  proposition  has  pene- 
trated, in  various  ways,  through  the  veil  which  covers  it.  The  in- 
fluence of  the  Farmers  General,  has  been  heretofore  found  suffi- 
cient to  shake  a  minister  in  his  office.  Monsieur  de  Calonnes' 
continuance  or  dismission,  has  been  thought,  for  some  time,  to  be 
on  a  poise.  Were  he  to  shift  tliis  great  weight,  therefore,  out  of 
his  own  scale  into  that  of  his  adversaries,  it  would  decide  their 
preponderance.  The  joint  interests  of  France  and  America,  would 
be  an  insufficient  counterpoise  in  his  favor.' 

It  will  be  observed,  that  these  efforts  to  improve  the  commerce 
of  the  United  States,  have  been  confined  to  that  branch  only, 
which  respects  France  itself,  and  that  nothing  passed  on  the  sub- 
ject of  our  commerce  with  the  West  Indies,  except  an  incidental 
conversation  as  to  our  fish.  The  reason  of  this,  was  no  want  of 
a  due  sense  of  its  importance.  Of  that,  I  am  thoroughly  sensible. 
But  efforts  in  favor  of  this  branch  would,  at  present,  be  desperate. 
To  nations  with  which  we  have  not  yet  treated,  and  who  have 
possessions  in  America,  we  may  offer  a  free  vent  of  their  manu- 
factures in  the  United  States,  for  a  full,  or  a  modified  admittance 
into  those  possessions.  But  to  France,  we  are  obliged  to  give 
that  freedom  for  a  different  compensation ;  to  wit,  for  her  aid  in 
effecting  our  independence.  It  is  difficult,  therefore,  to  say  what 
we  have  now  to  offer  her,  for  an  admission  into  her  West  Indies. 
Doubtless,  it  has  its  price.  But  the  question  is,  what  this  would 
be,  and  whether  worth  our  while  to  give  it.  Were  we  to  propose 
to  give  to  each  other's  citizens  all  the  rights  of  natives,  they  would, 


389 

of  course,  count  what  they  should  gain  by  this  enlargement  of 
right,  and  examine  whether  it  would  be  worth  to  them,  as  much 
as  their  monopoly  of  their  West  India  commerce.  If  not,  that 
commercial  freedom  which  we  wish  to  preserve,  and  which,  indeed, 
is  so  valuable,  leaves  us  little  else  to  oiFer.  An  expression  in  my 
letter  to  the  Count  de  Vergennes,  of  November  the  20th,  wherein 
I  hinted,  that  both  nations  might,  perhaps,  come  into  the  opinion, 
that  the  condition  of  natives  might  be  a  better  ground  of  intercourse 
for  their  citizens,  than  that  of  the  most  favored  nation,  was  intended 
to  furnish  ah  opportunity  to  the  minister,  of  parleying  on  that  subject, 
if  he  was  so  disposed,  and  to  myself,  of  seeing  whereabouts  they 
would  begin,  that  I  might  communicate  it  to  Congress,  and  leave 
them  to  judge  of  the  expediency  of  pursuing  the  subject.  But  no 
overtures  have  followed  ;  for  I  have  no  right  to  consider  as  coming 
from  the  minister,  certain  questions  which  were,  very  soon  after, 
proposed  to  me  by  an  individual.  It  sufficiendy  accounts  for  these 
questions,  that  that  individual  had  written  a  memorial  on  the  sub- 
ject, for  the  consideration  of  the  minister,  and  might  wish  to  know, 
what  we  would  be  willing  to  do.  The  idea  that  I  should  answer 
such  questions  to  him,  is  equally  unaccountable,  whether  we  sup- 
pose them  originating  with  himself,  or  coming  from  the  minister.  In 
fact,  I  must  suppose  them  to  be  his  own ;  and  I  transmit  them,  only 
that  Congress  may  see  what  one  Frenchman,  at  least,  thinks  on  the 
subject.  If  we  can  obtain  from  Great  Britain  reasonable  condi- 
tions of  commerce,  (which,  in  my  idea,  must  forever  include  an 
admission  into  her  islands,)  the  freest  ground  between  these  two 
nations,  would  seem  to  be  the  best.  But  if  we  can  obtain  no 
equal  terms  from  her,  perhaps  Congress  might  think  it  prudent, 
as  Holland  has  done,  to  connect  us  unequivocally  with  France. 
Holland  has  purchased  the  protection  of  France.  The  price  she 
pays,  is,  aid  in  time  of  war.  It  is  interesting  for  us  to  purchase 
a  free  commerce  with  the  French  islands.  But  whetlier  it  is  best 
to  pay  for  it,  by  aids  in  war,  or  by  privileges  in  commerce ;  or  not 
to  purchase  it  at  all,  is  the  question. 


390 

LETTER   CXLVII. 

TO    F.    HOPKINSON. 

Paris,  January  3,  178C. 

Dear  Sir, 

I  wrote  you  last,  on  the  25th  of  September.  Since  that,  I  have 
received  yours  of  October  the  25th,  enclosing  a  duplicate  of  tlie 
last  invented  tongue  for  the  harpsichord.  The  letter  enclosing 
another  of  them,  and  accompanied  by  newspapers,  which  you 
mention  in  that  of  October  the  25th,  has  never  come  to  hand.  I 
will  embrace  the  first  opportunity  of  sending  you  the  crayons. 
Perhaps  they  may  come  with  this,  which  I  think  to  deliver  to  Mr. 
Bingham,  who  leaves  us  on  Saturday,  for  London.  If,  on  consult- 
ing him,  I  find  the  conveyance  from  London  uncertain,  you  shall 
receive  them  by  a  Mr.  Barrett,  who  goes  from  hence  for  New 
York,  next  month.  You  have  not  authorised  me  to  try  to  avail 
you  of  the  new  tongue.  Indeed,  the  ill  success  of  my  endeavors 
with  the  last,  does  not  promise  much  with  this.  However,  I  shall 
try.  Houdon  only  stopped  a  moment,  to  deliver  me  your  letter,  so 
that  I  have  not  yet  had  an  opportunity  of  asking  his  opinion  of  the 
improvement.  I  am  glad  you  are  pleased  with  his  work.  He  is 
among  the  foremost,  or,  perhaps,  the  foremost  artist  in  the  world. 

Turning  to  your  Encyclopedic,  Arts  et  Metiers,  tome  3,  part 
1,  page  393,  you  will  find  mentioned  an  instrument,  invented  by 
a  Monsieur  Renaudin,  for  determining  the  true  time  of  the  musical 
movements,  largo,  adagio,  &c.  I  went  to  see  it.  He  shewed  me 
his  first  invention ;  the  price  of  the  machine  was  twenty-five  gui- 
neas :  then  his  second,  which  he  had  been  able  to  make  for  about 
half  that  sum.  Both  of  these  had  a  mainspring  and  a  balance 
wheel,  for  their  mover  and  regulator.  The  strokes  were  made  by 
a  small  hammer.  He  then  shewed  me  his  last,  which  is  moved 
by  a  weight  and  regulated  by  a  pendulum,  and  which  cost  only 
two  guineas  and  a  half.  It  presents,  in  front,  a  dial  plate  like  that 
of  a  clock,  on  which  are  arranged,  in  a  circle,  the  words  largo, 
adagio,  andante,  allegro,  presto.  The  circle  is  moreover  divided 
into  fifty-two  equal  degrees.  Largo  is  at  1,  adagio  at  11,  andante 
at  22,  allegro  at  36,  and  presto  at  46.  Turning  the  index  to  any 
one  of  these,  the  pendulum  (which  is  a  string,  with  a  ball  hanging 
to  it)  shortens  or  lengthens,  so  that  one  of  its  vibrations  gives  you 
a  crotchet  for  that  movement.  This  instrument  has  been  examin- 
ed by  the  academy  of  music  here,  who  are  so  well  satisfied  of  its 
utility,  that  they  have  ordered  all  music  which  shall  be  printed 


391 

here,  in  future,  to  have  the  movements  numbered  in  correspondence 
with  this  plexi-chronometer.  I  need  not  tell  you  that  the  numbers 
between  two  movements,  as  between  22  and  36,  give  the  quicker 
or  slower  degrees  of  the  movements,  such  as  the  quick  andante, 
or  moderate  allegro.  The  instrument  is  useful,  but  still  it  may  be 
greatly  simplified.  I  got  him  to  make  me  one,  and  having  fixed 
a  pendulum  vibrating  seconds,  I  tried  by  that  the  vibrations  of  his 
pendulum,  according  to  the  several  movements. 
I  find  the  pendulum  regulated  to  Largo 

Adagio 


Andante  >  vibrates 


tmies 
70  Vm  a 


95 
[135  J 


minute. 


Allegro 

Presto 
Every  one,  therefore,  may  make  a  chronometer  adapted  to  his  in- 
strument. 

For  a  harpsichord,  the  following  occurs  to  me. 

Adagio,    2  -X  In  the  wall  of  your  chamber,  over  the  in- 


Andante,  3  .     \  strument,  drive  five  little  brads,  as,  1,  2,  3, 

Presto^'    5  '  \    ^^  ^'  ^^  ^^^^  following  manner.     Take  a  string 

^with  a  bob  to  it,  of  such  length,  as,  that  hung 
on  No.  1,  it  shall  vibrate  fifty-two  times  in  a  minute.  Then 
proceed  by  trial  to  drive  No.  2,  at  such  a  distance,  that  drawing 
the  loop  of  the  string  to  that,  the  part  remaining  between  1  and 
the  bob,  shall  vibrate  sixty  times  in  a  minute.  Fix  the  third  for" 
seventy  vibrations,  he. ;  the  cord  always  hanging  over  No.  1,  as 
the  centre  of  vibration.  A  person  playing  on  the  violin,  may  fix 
this  on  his  music  stand.  A  pendulum  thrown  into  vibration,  will 
continue  in  motion  long  enough  to  give  you  the  time  of  your  piece. 
I  have  been  thus  particular,  on  the  supposition  that  you  would  fix 
one  of  these  simple  things  for  yourself. 

You  have  heard  often  of  the  metal  called  platina,  to  be  found 
only  in  South  America.  It  is  insusceptible  of  rust,  as  gold  and 
silver  are,  none  of  the  acids  affecting  it,  excepting  the  aqua  regia. 
It  also  admits  of  as  perfect  a  polish  as  the  metal  hitherto  used  for 
the  specula  of  telescopes.  These  two  properties  had  suggested 
to  the  Spaniards,  the  substitution  of  it  for  that  use.  But  the  mines 
being  closed  up  by  the  government,  it  is  difficult  to  get  the  metal. 
The  experiment  has  been  lately  tried  here  by  the  Abbe  Rochon, 
(whom  I  formerly  mentioned  to  Mr.  Rittenhouse,  as  having  dis- 
covered that  lenses  of  certain  natural  chrystals  have  two  different 
and  uncombined  magnifying  powers)  and  he  thinks  the  polish  as 
high  as  that  of  the  metal  heretofore  used,  and  that  it  will  never  be 
injured  by  the  air,  a  touch  of  tlie  finger,  &£c.     I  examined  it  in  a 


392 

dull  day,  which  did  not  admit  a  fair  judgment  of  the  strength  of 
its  reflection. 

Good  qualities  are  sometimes  misfortunes.  I  will  prove  it  from 
your  own  experience.  You  are  punctual ;  and  almost  the  only  one  of 
my  correspondents  on  whom  I  can  firmly  rely,  for  the  execution 
of  commissions  which  combine  a  little  trouble  with  more  attention. 
I  am  very  sorry,  however,  that  I  have  three  commissions  to  charge 
you  with,  which  will  give  you  more  than  a  little  trouble.  Two  of 
them  are  for  Monsieur  de  BufFon.  Many,  many  years  ago,  Cad- 
wallader  Golden  wrote  a  very  small  pamphlet  on  the  subjects  of 
attraction  and  impulsion,  a  copy  of  which  he  sent  to  Monsieur  de 
BufFon.  He  was  so  charmed  with  it,  that  he  put  it  into  the  hands 
of  a  friend  to  translate,  who  lost  it.  It  has  ever  since  weighed  on 
his  mind,  and  he  has  made  repeated  trials  to  have  it  found  in  Eng- 
land. But  in  vain.  He  applied  to  me.  I  am  in  hopes,  if  you  will 
write  a  line  to  the  booksellers  of  Philadelphia  to  rummage  their 
shops,  that  some  of  them  may  find  it.  Or,  perhaps,  some  of  the 
careful  old  people  of  Pennsylvania  or  New  Jersey  may  have  pre- 
served a  copy.  In  the  King's  cabinet  of  Natural  history,  of  which 
Monsieur  de  BufFon  has  the  superintendence,  I  observed  that  they 
had  neither  our  grouse  nor  our  pheasant.  These,  I  know,  may  be 
bought  in  the  market  of  Philadelphia,  on  any  day  while  they  are  in 
season.  Pray  buy  the  male  and  female  of  each,  and  employ  some 
apothecary's  boys  to  prepare  them,  and  pack  them.  Methods  may 
be  seen  in  the  preliminary  discourse  to  the  first  volume  of  Birds, 
in  the  Encyclopedie,  or  in  the  Natural  history  of  BufFon,  where  he 
describes  the  King's  cabinet.  And  this  done,  you  will  be  so  good 
as  to  send  them  to  me.  The  third  commission  is  more  distant. 
It  is  to  procure  me  two  or  three  hundred  paccan  nuts  from  the 
western  country.  I  expect  they  can  always  be  got  at  Pittsburgh, 
and  am  in  hopes,  that  by  yourself  or  your  friends,  some  attentive 
person  there  may  be  engaged  to  send  them  to  you.  They  should 
come  as  fresh  as  possible,  and  come  best,  I  believe,  in  a  box  of 
sand.  Of  this  Barham  could  best  advise  you.  I  imagine  vessels 
^  are  always  coming  from  Philadelphia  to  France.  If  there  be  a 
choice  of  ports,  Havre  would  be  best.  I  must  beg  you  to  direct 
them  to  the  care  of  the  American  consul  or  agent  at  the  port,  to 
be  sent  by  the  Diligence  or  Fourgon.  A  thousand  apologies 
would  not  suffice  for  this  trouble,  if  I  meant  to  pay  you  in  apolo- 
gies only.  But  I  sincerely  ask,  and  will  punctually  execute,  the 
appointment  of  your  charge  des  affaires  in  Europe  generally.  From 
the  smallest  to  the  highest  commission,  I  will  execute  with  zeal 
and  punctuality,  in  buying,  or  doing  any  thing  you  wish,  on  this 
side  the  water.     And  you  may  judge  from  the  preceding  speci- 


393 

men,  that  I  sliall  not  be  behind  hand  in  the  trouble  I  shall  impose 
on  you.  Make  a  note  of  all  the  expenses  attending  my  commis- 
sions, and  favor  me  with  it  every  now  and  then,  and  I  will  replace 
them.  My  daughter  is  well,  and  retains  an  affectionate  remem- 
brance of  her  antient  patroness,  your  mother,  as  well  as  of  your 
lady  and  family.  She  joins  me  in  wishing  to  them,  and  to 
Mr.  and  Mrs.  Rittenhouse  and  family,  every  happiness.  Accept, 
yourself,  assurances  of  the  esteem  with  which  I  am,  Dear  Sir, 

your  friend  and  servant, 

Th:  Jefferson. 

P.  S.  What  is  become  of  the  Lunarium  for  the  King  ? 


LETTER    CXLVIII. 

TO    GENERAL    WASHINGTON. 

Paris,  January  4,  1786. 
Dear  Sir, 

J  have  been  honored  with  your  letter  of  September  the  26th, 
which  was  delivered  me  by  Mr.  Houdon,  who  is  safely  returned. 
He  has  brought  with  him  the  mould  of  the  face  only,  having  left 
the  other  parts  of  his  work  with  his  workmen,  to  come  by  some 
otlier  conveyance.  Doctor  Franklin,  who  was  joined  with  me  in 
the  superintendence  of  this  just  monument,  having  left  us  before 
what  is  called  the  costume  of  the  statue  was  decided  on,  I  cannot 
so  well  satisfy  myself,  and  I  am  persuaded  I  should  not  so  well 
satisfy  the  world,  as  by  consulting  your  own  wish  or  inclination  as 
to  this  article.  Permit  me,  therefore,  to  ask  you  whether  there  is 
any  particular  dress,  or  any  particular  attitude,  which  you  would 
rather  wish  to  be  adopted.  I  shall  take  a  singular  pleasure  in 
having  your  own  idea  executed,  if  you  will  be  so  good  as  to  make 
it  known  to  me. 

I  thank  you  for  the  trouble  you  have  taken,  in  answering  my  in- 
quiries on  the  subject  of  Bushnel's  machine.  Colonel  Hum- 
phreys could  only  give  me  a  general  idea  of  it,  from  the  effects 
proposed,  rather  than  the  means  contrived  to  produce  them. 

I  sincerely  rejoice,  that  three  such  works  as  the  opening  the 
Potomac  and  James  rivers,  and  a  canal  from  the  Dismal  Swamp, 
are  likely  to  be  carried  through.  There  is  still  a  fourth,  how- 
voL.  I.  50 


394 

ever,  which  I  had  the  honor,  I  believe,  of  mentioning  to  you  in  a 
letter  of  March  the  15th,  1784,  from  Annapolis.  It  is  the  cutting 
a  canal,  which  shall  unite  the  heads  of  Cayahoga  and  Beaver 
creek.  The  utility  of  this,  and  even  the  necessity  of  it,  if  we 
mean  to  aim  at  the  trade  of  the  lakes,  will  be  palpable  to  you. 
The  only  question  is,  its  practicability.  The  best  information  I  could 
get,  as  to  this,  was  from  General  Hand,  who  described  the  country 
as  champain,  and  these  waters  as  heading  in  lagoons,  which  would 
be  easily  united.  Maryland  and  Pennsylvania  are  both  interested 
to  concur  with  us  in  this  work.  The  institutions  you  propose  to 
establish,  by  the  shares  in  the  Potomac  and  James  river  companies, 
given  you  by  tlie  Assembly,  and  the  particular  objects  of  those 
institutions,  are  most  worthy.  It  occurs  to  me,  however,  that  if 
the  bill  '  for  the  more  general  diffusion  of  knowledge,'  which  is  in 
the  revisal,  should  be  passed,  it  would  supersede  the  use,  and  ob- 
scure the  existence  of  the  charity  schools  you  have  thought  of.  I 
suppose,  in  fact,  that  that  bill,  or  some  other  like  it,  will  be  passed. 
I  never  saw  one  received  with  more  enthusiasm  than  that  was,  in  the 
year  1778,  by  the  House  of  Delegates,  who  ordered  it  to  be  printed. 
And  it  seemed  afterwards,  that  nothing  but  the  extreme  distress  of 
our  resources  prevented  its  being  carried  into  execution,  even 
during  the  war.  It  is  an  axiom  in  my  mind,  that  our  liberty  can 
never  be  safe  but  in  the  hands  of  the  people  themselves,  and  that 
too,  of  the  people  with  a  certain  degree  of  instruction.  This,  it 
is  the  business  of  the  State  to  effect,  and  on  a  general  plan. 
Should  you  see  a  probability  of  this,  however,  you  can  never  be  at 
a  loss  for  worthy  objects  of  this  donation.  Even  the  remitting  that 
proportion  of  the  toll,  on  all  articles  transported,  would  present 
itself  under  many  favorable  considerations,  and  it  would,  in  effect, 
be  to  make  the  State  do  in  a  certain  proportion,  what  they  ought 
to  have  done  wholly :  for  I  think  they  should  clear  all  the  rivers, 
and  lay  them  open  and  free  to  all.  However,  you  are  infinitely 
the  best  judge,  how  the  most  good  may  be  effected  with  these 
shares. 

All  is  quiet  here.  There  are,  indeed,  two  specks  in  the  horizon  : 
the  exchange  of  Bavaria,  and  the  demarcadon  between  the  Em- 
peror and  Turks.  We  may  add,  as  a  third,  the  interference  by 
the  King  of  Prussia  in  the  domestic  disputes  of  the  Dutch.  Great 
Britain,  it  is  said,  begins  to  look  towards  us  with  a  little  more  good 
humor.  But  how  true  this  may  be,  I  cannot  say  with  certainty. 
We  are  trying  to  render  her  commerce  as  little  necessary  to  us  as 
possible,  by  finding  other  markets  for  our  produce.  A  most  fa- 
vorable reduction  of  duties  on  whale  oil,  has  taken  place  here, 


395 

which  will  give  us  a  vent  for  that  article,  paying  a  duty  of  a  guinea 
and  a  half  a  ton,  only. 

I  have  the  honor  to  be,  with  the  highest  esteem  and  respect, 
Dear  Sir, 

your  most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


LETTER  CXLIX. 
TO  A.  CARY. 

Paris,  January  7,  1786. 

Dear  Sir, 
The  very  few  of  my  countrymen  who  happen  to .  be  punc- 
tual, will  find  their  punctuality  a  misfortune  to  them.  Of  this 
I  shall  give  you  a  proof,  by  the  present  application,  which  I 
should  not  make  to  you,  if  I  did  not  know  you  to  be  superior 
to  the  torpidity  of  our  climate.  In  my  conversations  with  the 
Count  de  BufFon,  on  the  subjects  of  Natural  history,  I  find  him 
absolutely  unacquainted  with  our  elk  and  our  deer.  He  has 
hitherto  believed,  that  our  deer  never  had  horns  more  than  a  foot 
long ;  and  has,  therefore,  classed  them  with  the  roe  buck,  which 
I  am  sure,  you  know  them  to  be  different  from.  I  have  exam- 
ined some  of  the  red  deer  of  this  country,  at  the  distance  of  about 
sixty  yards,  and  I  find  no  other  difference  between  them  and  ours, 
than  a  shade  or  two  in  the  colour.  Will  you  take  the  trouble  to 
procure  for  me  the  largest  pair  of  buck's  horns  you  can,  and  a 
large  skin  of  each  colour,  tliat  is  to  say,  a  red  and  a  blue  ?  If  it 
were  possible  to  take  these  from  a  buck  just  killed,  to  leave  all 
the  bones  of  the  head  in  the  skin,  with  the  horns  on,  to  leave  the 
bones  of  the  legs  in  the  skin  also,  and  the  hoofs  to  it,  so  that, 
having  only  made  an  incision  all  along  the  belly  and  neck,  to  take 
the  animal  out  at,  we  could,  by  sewing  up  that  incision,  and  stuffing 
the  skin,  present  the  true  size  and  form  of  the  animal,  it  would 
be  a  most  precious  present.  Our  deer  have  been  often  sent  to 
England  and  Scotland.  Do  you  know  (with  certainty)  whether 
they  have  ever  bred  with  the  red  deer  of  those  countries  ?  Witli  re- 
spect to  the  elk,  I  despair  of  your  being  able  to  get  for  me,  any  thing 
but  the  horns  of  it.  David  Ross,  I  know,  has  a  pair ;  perhaps  he 
would  give  them  to  us.  It  is  useless  to  ask  for  tlie  skin  and  skele- 
ton, because,  I  think  it  not  in  your  power  to  get  them ;  otherwise, 
they  would  be  most  desirable.     A  gentleman,  fellow  passenger 


396 

witli  me  from  Boston  to  England,  promised  to  send  to  you,  in  my 
name,  some  hares,  rabbits,  pheasants,  and  partridges,  by  the  return 
of  the  ship,  which  was  to  go  to  Virginia,  and  the  captain  promised 
to  take  great  care  of  them.  My  friend  procured  the  animals,  and, 
the  ship  changing  her  destination,  he  kept  them,  in  hopes  of  finding 
some  other  conveyance,  till  they  all  perished.  I  do  not  despair, 
however,  of  finding  some  opportunity  still,  of  sending  a  colony  of 
useful  animals.  I  am  making  a  collection  of  vines  for  wine,  and 
for  the  table;  also  of  some  trees,  such  as  the  cork  oak,  &ic.  he. 

Every  thing  is  absolutely  quiet  in  Europe.  There  is  not,  there- 
fore, a  word  of  news  to  communicate.  I  pray  you  to  present  me 
affectionately  to  your  family,  and  that  of  Tuckahoe.  Whatever 
expense  is  necessary  for  procuring  me  the  articles  above-mentioned, 
I  will  instantly  replace,  either  in  cash,  or  in  any  tiling  you  may 
wish  from  hence. 

I  am,  with  very  sincere  esteem,  Dear  Sir, 

your  most  obedient  humble  servant, 

Th:  Jefferson. 


LETTER    CL. 

TO    MAJOR    GENERAL    GREENE. 

Paris,  January  12,  1786. 
Dear  Sir, 

Your  favor  of  June  the  1st,  did  not  come  to  hand  till  the  3rd 
of  September.  I  immediately  made  inquiries  on  the  subject  of 
the  frigate,  you  had  authorised  your  relation  to  sell  to  this  govern- 
ment, and  1  found,  that  he  had,  long  before  that,  sold  her  to  go- 
vernment, and  sold  her  very  well,  as  I  understood.  I  noted  the 
price  on  the  back  of  your  letter,  which  I  have  since,  unfortunately, 
mislaid,  so  that  I  cannot,  at  this  moment,  state  to  you  tlie  price. 
But  the  transaction  is  of  so  long  standing,  that  you  cannot  fail  to 
have  received  advice  of  it.  I  should,  without  delay,  have  given 
you  this  information,  but  that  I  hoped  to  be  able  to  accompany  it 
with  information  as  to  the  live  oak,  wliich  was  another  object  of 
your  letter.  This  matter,  though  it  has  been  constantly  pressed 
by  Mr.  St.  John,  and  also  by  the  Marquis  de  la  Fayette,  since  his 
return  from  Berlin,  has  been  spun  to  a  great  length,  and,  at  last, 
they  have  only  decided  to  send  to  you  for  samples  of  the  wood. 
Letters  on  this  subject,  from  the  Marquis  de  la  Fayette,  accom- 
pany this. 

Every  thing  in  Europe  is  quiet,  and  promises  quiet  for  at  least 


397 

a  year  to  come.  We  do  not  find  it  easy  to  make  commercial 
arrangements  in  Europe.  There  is  a  want  of  confidence  in  us. 
This  country  has  lately  reduced  the  duties  on  American  whale 
oil,  to  about  a  guinea  and  a  half  tlie  ton,  and  I  tliink  they  will  take 
the  greatest  part  of  what  we  can  furnish.  I  hope,  therefore,  that  this 
branch  of  our  commerce  will  resume  its  activity.  Portugal  shews 
a  disposition  to  court  our  trade ;  but  this  has,  for  some  time,  been 
discouraged  by  the  hostilities  o(the  piratical  states  of  Barbary.  The 
Emperor  of  Morocco,  who  had  taken  one  of  our  vessels,  immediate- 
ly consented  to  suspend  hostilities,  and  ultimately  gave  up  the  vessel, 
cargo  and  crew.  I  think  we  shall  be  able  to  settie  matters  with 
him.  But  I  am  not  sanguine  as  to  the  Algerines.  They  have 
taken  two  of  our  vessels,  and,  I  fear,  will  ask  such  a  tribute  for  a 
forbearance  of  their  piracies,  as  the  United  States  would  be  un- 
willing to  pay.  When  this  idea  comes  across  my  mind,  my  fa- 
culties are  absolutely  suspended  between  indignation  and  impa- 
tience. I  think,  whatever  sums  we  are  obliged  to  pay  for  freedom 
of  navigation  in  the  European  seas,  should  be  levied  on  the  Eu- 
ropean commerce  with  us,  by  a  separate  impost,  that  these  powers 
may  see  that  they  protect  these  enormities  for  their  own  loss. 

I  have  the  honor  to  be,  with  sentiments  of  the  most  perfect 
esteem  and  respect.  Dear  Sir, 

your  most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


LETTER    CLI  . 

TO    LISTER    ASQUITH. 

Paris,  January  13,  J78G. 
Sir, 

I  have  duly  received  your  letter  of  the  2nd  instant.  The  de- 
lays, which  have  attended  your  enlargement,  have  been  much 
beyond  my  expectation.  The  reason  I  have  not  written  to  you, 
for  some  time,  has  been  the  constant  expectation  of  receiving  an 
order  for  your  discharge.  I  have  not  received  it,  however;  I 
went  to  Versailles  three  days  ago,  and  made  fresh  applications  on 
the  subject.  I  received  assurances,  which  give  me  reason  to  hope 
that  the  order  for  your  discharge  will  soon  be  made  out.  Be  as- 
sured, it  shall  not  be  delayed  a  moment  after  it  comes  to  my 
hands,  and  that  I  shall  omit  no  opportunity  of  hastening  it.     In 


398 

the  mean  time,  I  think  you  may  comfort  yourself  and  companions 
with  tlie  certainty  of  receiving  it  ere  long.     I  am,  Sir, 
your  most  humble  servant, 

Th:  Jefferson. 


[The  following  were  answers  by  Mr.  Jefferson,  to  questions 
addressed  to  him  by  Monsieur  de  Meusnier,  author  of  that  part  of 
the  Encyclopedic  Methodique,  entitled  Economic  politique  et 
diplomatique.] 

1.  What  has  led  Congress  to  determine,  that  the  concurrence 
of  seven  votes  is  requisite  in  questions,  which,  by  the  Confedera- 
tion, are  submitted  to  the  decision  of  a  majority  of  the  United 
States,  in  Congress  assembled? 

The  ninth  article  of  Confederation,  section  six,  evidently  es- 
tablishes three  orders  of  questions  in  Congress.  1 .  The  greater 
ones,  which  relate  to  making  peace  or  war,  alliances,  coinage, 
requisitions  for  money,  raising  military  force,  or  appointing  its 
commander  in  chief.  2.  The  lesser  ones,  which  comprehend 
all  other  matters  submitted  by  the  Confederation  to  the  federal 
head.  3.  The  single  question  of  adjourning  from  day  to  day. 
This  gradation  of  questions  is  distinctly  characterised  by  the  ar- 
ticle. 

In  proportion  to  the  magnitude  of  these  questions,  a  greater 
concurrence  of  the  voices  composing  the  Union,  was  thought  ne- 
cessary. Three  degrees  of  concurrence,  well  distinguished  by 
substantial  circumstances,  offered  themselves  to  notice.  1.  A 
concurrence  of  a  majority  of  the  people  of  the  Union.  It  was 
thought  that  this  would  be  insured,  by  requiring  the  voices  of  nine 
States;  because,  according  to  the  loose  estimates  which  had  then 
been  made  of  the  inhabitants,  and  the  proportion  of  them  which 
were  free,  it  was  believed,  that  even  the  nine  smallest  would  in- 
clude a  majority  of  the  free  citizens  of  the  Union.  The  voices, 
therefore,  of  nine  States  were  required  in  the  greater  questions. 
2.  A  concurrence  of  the  majority  of  the  States.  Seven  constitute 
that  majority.  This  number,  therefore,  was  required  in  the  lesser 
questions.  3.  A  concurrence  of  the  majority  of  Congress,  that  is 
to  say,  of  the  States  actually  present  in  it.  As  there  is  no  Con- 
gress, when  there  are  not  seven  States  present,  this  concurrence 
could  never  be  of  less  than  four  States.  But  these  might  happen 
to  be  the  four  smallest,  which  w^ould  not  include  one  ninth  part  of 
the  free  citizens  of  the  Union.  This  kind  of  majority,  therefore, 
was  entrusted  with  nothing  but  the  power. of  adjourning  them- 
selves from  day  to  day. 


399 

Here  then  are  three  kinds  of  majorities.  1.  Of  the  people. 
2.  Of  the  States.  3.  Of  the  Congress:  each  of  which  is  en- 
trusted to  a  certain  length. 

Though  the  paragraph  in  question  be  clumsily  expressed,  yet  it 
strictly  announces  its  own  intentions.  It  defines  with  precision, 
the  greater  questions,  for  which  nine  votes  shall  be  requisite.  In 
the  lesser  questions,  it  then  requires  a  majority  of  the  United  States 
in  Congress  assembled:  a  term  which  will  apply  either  to  the 
number  seven,  as  being  a  majority  of  the  States,  or  to  the  num- 
ber four,  as  being  a  majority  of  Congress.  Which  of  the  two 
kinds  of  majority,  was  meant  ?  Clearly,  that  which  would  leave  a 
still  smaller  kind,  for  the  decision  of  the  question  of  adjournment. 
The  contrary  construction  would  be  absurd. 

This  paragraph,  therefore,  should  be  understood,  as  if  it  had  been 
expressed  in  the  following  terms.  ^  The  United  States,  in  Con- 
gress assembled,  shall  never  engage  in  war,  &ic.  but  with  the  consent 
of  nine  States :  nor  determine  any  other  question,  but  with  the 
consent  of  a  majority  of  the  whole  States,  except  the  question  of 
adjournment  from  day  to  day,  which  may  be  determined  by  a  ma- 
jority of  the  States  actually  present  in  Congress. 

2.  How  far  is  it  permitted,  to  bring  on  the  reconsideration  of  a 
question  which  Congress  has  once  determined  ? 

The  first  Congress  which  met,  being  composed  mostly  of  per- 
sons who  had  been  members  of  the  legislatures  of  their  respect- 
ive States,  it  was  natural  for  them  to  adopt  those  rules  in  their 
proceedings,  to  which  they  had  been  accustomed  in  their  legisla- 
tive houses ;  and  the  more  so,  as  these  happened  to  be  nearly  the 
same,  as  having  been  copied  from  the  same  original,  those  of  the 
British  parliament.  One  of  those  rufes  of  proceeding  was,  that 
*  a  question  once  determined,  cannot  be  proposed,  a  second  time,  in 
the  same  session.'  Congress,  during  their  first  session,  in  the  au- 
tumn of  1774,  observed  this  rule  strictly.  But  before  their  meet- 
ing in  the  spring  of  the  following  ye^r,  the  war  had  broken  out* 
They  found  themselves  at  the  head  of  that  war,  in  an  executive^ 
as  well  as  legislative  capacity.  •  They  found  that  a  rule,  wise  and 
necessary  for  a  legislative  body,  did  not  suit  an  executive  one., 
which,  being  governed  by  events,  must  change  their  purposes,  as 
those  change.  Besides,  their  session  was  then  to  Become  of  equal 
duration  with  the  war;  and  a  rule,  which  should  render  their  legis- 
lation immutable,  during  all  that  period,  could  not  be  submitted 
to.  They,  therefore,  renounced  it  in  practice,  and  have  ever 
since  continued  to  reconsider  their  questions  freely.  The  only 
restraint  as  yet  provided  against  the  abuse  of  this  permission  to 
reconsider,  is,  that  when  a  question  has  been  decided,  it  cannot 


400 

be  proposed  for  reconsideration,  but  by  some  one  who  voted  in 
favor  of  the  former  decision,  and  declares  that  he  has  since 
changed  his  opinion.  I  do  not  recollect  accurately  enough, 
whether  it  be  necessary  that  his  vote  should  have  decided  that  of 
his  State,  and  the  vote  of  his  State,  have  decided  that  of  Con- 
gress. 

Perhaps,  it  might  have  been  better,  when  they  were  forming  the  ' 
federal  constitution,  to  have  assimilated  it,  as  much  as  possible,  to 
the  particular  constitutions  of  the  States.  All  of  these  have  dis- 
tributed tlie  legislative,  executive  and  judiciary  powers,  into  differ- 
ent departments.  In  the  federal  constitution,  the  judiciary  powers 
are  separated  from  the  others ;  but  the  legislative  and  executive  are 
both  exercised  by  Congress.  A  means  of  amending  this  defect, 
has  been  thought  of.  Congress  having  a  power  to  establish  what 
committees  of  their  own  body,  they  please,  and  to  arrange  among 
them  the  distribution  of  their  business,  they  might,  on  the  first  day 
of  their  annual  meeting,  appoint  an  executive  committee,  consist- 
ing of  a  member  from  each  State,  and  refer  to  them  all  executive 
business  which  should  occur  during  their  session;  confining  them- 
selves to  what  is  of  a  legislative  nature,  that  is  to  say,  to  the  heads 
described  in  the  ninth  article,  as  of  the  competence  of  nine  States 
only,  and  to  such  other  questions  as  should  lead  to  the  establish- 
ment of  general  rules.  The  journal  of  this  committee,  of  the 
preceding  day,  might  be  read  the  next  morning  in  Congress,  and 
considered  as  approved,  unless  a  vote  was  demanded  on  a  parti- 
cular article,  and  that  article  changed.  The  sessions  of  Congress 
would  then  be  short,  and  when  they  separated,  the  Confederation 
authorises  the  appointment  of  a  committee  of  the  States,  which 
would  naturally  succeed  to  the  business  of  the  executive,  com- 
mittee. The  legislative  business  would  be  better  done,  because 
the  attention  of  the  members  would  not  be  interrupted  by  the  de- 
tails of  execution;  and  the  executive  business  would  be  better 
done,  because,  business  of  this  nature  is  better  adapted  to  small, 
than  great  bodies.  A  monarchical  head  should  confide  the  exe- 
cution of  its  will  to  departments,  CQnsisting,*each,  of  a  plurality  of 
hands,  who  would  warp  that  will,  as  much  as  possible,  towards 
wisdom  and  moderation,  the  two  qualities  it  generally  wants.  But, 
a  republican  he«id,  founding  its  decrees,  originally,  in  these  two 
qualities,  should  commit  them  to  a  single  hand  for  execution, 
giving  them,  thereby,  a  promptitude  which  republican  proceedings 
generally  want.  Congress  could  not,  indeed,  confide  their  execu- 
tive business  to  a  smaller  number,  than  a  committee  consisting  of 
a  member  from  each  State.  This  is  necessary  to  insure  the  con- 
fidence of  the  Union.     But  it  would  be  gaining  a  great  deal,  to 


401 

reduce  the  executive  head  to  thirteen,  and  to  relieve  themselves 
of  those  details.  This,  however,  has  as  yet  been  the  subject  of 
private  conversations  only. 

3.  A  succinct  account  of  paper  money,  in  America  ? 

Previous  to  the  late  Revolution,  most  of  the  States  were  in  the 
habit,  whenever  they  had  occasion  for  more  money  than  could  be 
raised  immediately,  by  taxes,  to  issue  paper  notes  or  bills,  in  the 
name  of  the  State,  wherein  they  promised  to  pay  to  the  bearer  the 
sum  named  in  the  note  or  bill.  In  some  of  the  States,  no  time  of 
payment  was  fixed,  nor  tax  laid  to  enable  payment.  In  these,  the 
bills  depreciated.  But  others  of  the  States,  named  in  the  bill  the 
day  when  it  should  be  paid,  laid  taxes  to  bring  in  money  enough 
for  that  purpose,  and  paid  the  bills  punctually,  on  or  before  the  day 
named.  In  these  States,  paper  money  was  in  as  high  estimation 
as  gold  and  silver.  On  the  commencement  of  the  late  Revolution, 
Congress  had  no  money.  The  external  commerce  of  the  States 
being  suppressed,  the  farmer  could  not  sell  his  produce,  and,  of 
course,  could  not  pay  a  tax.  Congress  had  no  resource  then, 
but  in  paper  money.  Not  being  able  to  lay  a  tax  for  its  redemp- 
tion, they  could  only  promise  that  taxes  should  be  laid  for  that 
purpose,  so  as  to  redeem  the  bills  by  a  certain  day.  They  did  not 
foresee  the  long  continuance  of  the  war,  the  almost  total  suppres- 
sion of  their  exports,  and  other  events,  which  rendered  the  per- 
formance of  their  engagement  impossible.  The  paper  money 
continued,  for  a  twelvemonth,  equal  to  gold  and  silver.  But  the 
quantities  which  they  were  obliged  to  emit,  for  the  purposes  of  the 
war,  exceeded  what  had  been  the  usual  quantity  of  the  circulat- 
ing medium.  It  began,  therefore,  to  become  cheaper,  or,  as  we 
expressed  it,  it  depreciated,  as  gold  and  silver  would  have  done, 
had  they  been  thrown  into  circulation  in  equal  quantities.  But 
not  having,  like  them,  an  intrinsic  value,  its  depreciation  was  more 
rapid,  and  greater,  than  could  ever  have  happened  with  them.  In 
two  years,  it  had  fallen  to  two  dollars  of  paper  money  for  one  of 
silver ;  in  three  years,  to  four  for  one ;  in  nine  months  more,  it 
fell  to  ten  for  one ;  and  in  the  six  months  following,  that  is  to  say, 
by  September,  1779,  it  had  fallen  to  twenty  for  one. 

Congress,  alarmed  at  the  consequences  which  were  to  be  ap- 
prehended, should  they  lose  this  resource  altogether,  thought  it 
necessary  to  make  a  vigorous  effort  to  stop  its  further  depreciation. 
They,  therefore,  determined,  in  the  first  place,  that  their  emissions 
should  not  exceed  two  hundred  millions  of  dollars,  to  which  term 
they  were  then  nearly  arrived  :  and,  though  they  knew  that  twenty 
dollars  of  what  they  were  then  issuing,  would  buy  no  more  for 
their  army  than  one  silver  dollar  would  buy,  yet  they  thought  it 

VOL.  I.  51 


402 

would  be  worth  while,  to  submit  to  the  sacrifice  of  nineteen  out  of 
twenty  dollars,  if  they  could  thereby  stop  further  depreciation. 
They,  therefore,  published  an  address  to  their  constituents,  in  which 
they  renewed  their  original  declarations,  that  this  paper  money 
should  be  redeemed  at  dollar  for  dollar.  They  proved  the  ability  of 
the  States  to  do  tliis,  and  that  their  liberty  would  be  cheaply  bought 
at  that  price.  The  declaration  was  ineffectual.  No  man  receiv- 
ed the  money  at  a  better  rate  ;  on  the  contrary,  in  six  months 
more,  that  is,  by  March,  1780,  it  had  fallen  to  forty  for  one.  Con- 
gress then  tried  an  experiment  of  a  different  kind.  Considering 
their  former  offers  to  redeem  this  money,  at  par,  as  relinquished 
by  the  general  refusal  to  take  it,  but  in  progressive  depreciation, 
they  required  the  whole  to  be  brought  in,  declared  it  should  be 
redeemed  at  its  present  value,  of  forty  for  one,  and,  that  they 
would  give  to  the  holders  new  bills,  reduced  in  their  denomination 
to  the  sum  of  gold  or  silver,  which  was  actually  to  be  paid  for 
them.  This  would  reduce  the  nominal  sum  of  the  mass  in  circu- 
lation, to  the  present  worth  of  that  mass,  which  was  five  millions ; 
a  sum  not  too  great  for  the  circulation  of  the  States,  and  which, 
they  therefore  hoped,  would  not  depreciate  further,  as  they  con- 
tinued firm  in  their  purpose  of  emitting  no  more.  This  effort  was 
as  unavailing  as  the  former.  Very  little  of  the  money  was  brought 
in.  It  continued  to  circulate  and  to  depreciate,  till  the  end  of 
1780,  when  it  had  fallen  to  seventy-five  for  one,  and  the  money 
circulated  from  the  French  army,  being,  by  that  time,  sensible  in 
all  the  States  north  of  the  Potomac,  the  paper  ceased  its  circula- 
tion altogether,  in  those  States.  In  Virginia  and  North  Carolina,  it 
continued  a  year  longer,  within  which  time  it  fell  to  one  thousand 
for  one,  and  then  expired,  as  it  had  done  in  the  other  States,  with- 
out a  single  groan.  Not  a  murmur  was  heard,  on  this  occasion, 
among  the  people.  On  the  contrary,  universal  congratulations 
took  place,  on  their  seeing  this  gigantic  mass,  whose  dissolution 
had  threatened  convulsions  which  should  shake  their  infant  con- 
federacy to  its  centre,  quietly  interred  in  its  grave.  Foreigners, 
indeed,  who  do  not,  like  the  natives,  feel  indulgence  for  its  memo- 
ry, as  of  a  being  which  has  vindicated  their  liberties,  and  fallen  in 
the  moment  of  victory,  have  been  loud,  and  still  are  loud  in  their 
complaints.  A  few  of  them  have  reason ;  but  the  most  noisy  are 
not  the  best  of  them.  They  are  persons  who  have  become  bank- 
rupt, by  unskilful  attempts  at  commerce  with  America.  That 
they  may  have  some  pretext  to  offer  to  their  creditors,  they  have 
bought  up  great  masses  of  this  dead  money  in  America,  where  it 
is  to  be  had  at  five  thousand  for  one,  and  they  shew  the  certifi- 
cates of  their  paper  i>ossessions,  as   if  they  had  all  died  in  their 


40P 

hands,  and  had  been  the  cause  of  then*  bankruptcy.  Justice  will 
be  done  to  all,  by  paying  to  all  persons  what  this  money  actually 
cost  tliem,  with  an  interest  of  six  per  cent,  from  the  time  they  re- 
ceived it.  If  difficulties  present  themselves  in  the  ascertaining  the 
epoch  of  the  receipt,  it  lias  been  thought  better  that  the  State 
should  lose,  by  admitting  easy  proofs,  than  that  individuals,  and 
especially  foreigners,  should,  by  being  held  to  such  as  would  be 
difficult,  perhaps  impossible. 

4.  Virginia  certainly  owed  two  millions,  sterling,  to  Great  Britain, 
at  the  conclusion  of  the  war.  Some  have  conjectured  the  debt  as 
high  as  three  millions.  I  think  that  State  owed  near  as  much,  as 
all  the  rest  put  together.  This  is  to  be  ascribed  to  peculiarities 
in  the  tobacco  trade.  The  advantages  made  by  the  British  mer- 
chants, on  the  tobaccos  consigned  to  them,  were  so  enormous,  that 
tliey  spared  no  means  of  increasing  those  consignments.  A  pow- 
erful engine  for  this  purpose,  was  the  giving  good  prices  and  cre- 
dit to  the  planter,  till  they  got  him  more  immersed  in  debt  than  he 
could  pay,  without  selling  his  lands  or  slaves.  They  then  reduced 
the  prices  given  for  his  tobacco,  so  that  let  his  shipments  be  ever 
so  great,  and  his  demand  of  necessaries  ever  so  economical,  they 
never  permitted  him  to  clear  off  his  debt.  These  debts  had  be- 
come hereditary  from  father  to  son,  for  many  generations,  so  that 
the  planters  were  a  species  of  property,  annexed  to  certain  mercan- 
tile houses  in  London. 

5.  Thfe  members  of  Congress  are  differently  paid  by  different 
States.  Some  are  on  fixed  allowances,  from  four  to  eight  dollars 
a  day.  Others  have  their  expenses  paid,  and  a  surplus  for  their 
time.     This  surplus  is  of  two,  three,  or  four  dollars  a  day. 

6.  I  do  not  believe  tliere  has  ever  been  a  moment,  when  a  sin- 
gle whig,  in  any  one  State,  would  not  have  shuddered  at  the  very 
idea  of  a  separation  of  their  State  from  the  confederacy.  The 
tories  would,  at  all  times,  have  been  glad  to  see  the  confederacy 
dissolved,  even  by  particles  at  a  time,  in  hopes  of  their  attaching 
themselves  again  to  Great  Britain. 

7.  The  llih  article  of  Confederation  admits  Canada  to  accede 
to  the  Confederation,  at  its  own  will,  but  adds,  'no  other  colony 
shall  be  admitted  to  the  same,  unless  such  admission  be  agreed  to 
by  nine  States.'  When  the  plan  of  April,  1784,  for  establish- 
ing new  States,  was  on  the  carpet,  the  committee  who  framed  the 
report  of  that  plan,  had  inserted  this  clause,  '  provided  nine  States 
agree  to  such  admission,  according  to  the  reservation  of  the  11th 
of  the  articles  of  Confederation.'  It  was  objected,  1.  That  the 
words  of  the  Confederation,  '  no  other  colony,'  could  refer  only  to 
the  residuary  possessions  of  Great   Britain,  as  the  two  Floridas, 


404 

Nova  Scotia,  he.  not  being  already  parts  of  the  Union  ;  that  the 
law  for  '  admitting'  a  new  member  into  the  Union,  could  not  be 
applied  to  a  territory  which  was  already  in  the  Union,  as  making 
part  of  a  State  which  was  a  member  of  it.  2.  That  it  would  be 
improper  to  allow  'nine'  States  to  receive  a  new  member,  because, 
the  same  reasons  which  rendered  that  number  proper  now,  would 
render  a  greater  one  proper,  when  the  number  composing  the 
Union  should  be  increased.  They  therefore  struck  out  this  para- 
graph, and  inserted  a  proviso,  that  '  the  consent  of  so  many  States, 
in  Congress,  shall  be  first  obtained,  as  may,  at  the  time,  be  compe- 
tent ;'  thus  leaving  the  question,  whether  the  1 1th  article  applies 
to  the  admission  of  new  States,  to  be  decided  when  that  admission 
shall  be  asked.  See  the  Journal  of  Congress  of  April  20,  1784. 
Another  doubt  was  started  in  this  debate ;  viz.  whether  the  agree- 
ment of  the  nine  States,  required  by  the  Confedeiration,  was  to  be 
made  by  their  legislatures,  or  by  their  delegates  in  Congress?  The 
expression  adopted,  viz.  *  so  many  States,  in  Congress,  is  first  ob- 
tained,' shew  what  was  their  sense  of  this  matter.  If  it  be  agreed, 
that  the  11th  article  of  the  Confederation  is  not  to  be  apphed  to 
the  admission  of  these  new  States,  then  it  is  contended  that  their 
admission  comes  within  the  13th  article,  which  forbids  'any  alter- 
ation, unless  agreed  to  in  a  Congress  of  the  United  States,  and 
afterwards  confirmed  by  the  legislatures  of  every  State.'  The  in- 
dependence of  the  new  States  of  Kentucky  and  Franklin,  will  soon 
bring  on  the  ultimate  decision  of  all  these  questions. 

8.  Particular  instances,  whereby  the  General  Assembly  of  Vir- 
ginia have  shewn,  that  they  considered  the  ordinance  called  their 
constitution,  as  every  other  ordinance,  or  act  of  the  legislature, 
subject  to  be  altered  by  the  legislature  for  the  time  being. 

1.  The  convention  which  formed  that  constitution,  declared 
themselves  to  be  the  House  of  Delegates,  during  the  term  for  which 
they  were  originally  elected,  and,  in  the  autumn  of  the  year,  met 
the  Senate,  elected  under  the  new  constitution,  and  did  legislative 
business  with  them.  At  this  time,  there  were  malefactors  in  the 
public  jail,  and  there  was,  as  yet,  no  court  established  for  their  trial. 
They  passed  a  law,  appointing  certain  members  by  name,  who 
were  then  members  of  the  Executive  Council,  to  be  a  court  for  the 
trial  of  these  malefactors,  though  the  constitution  had  said,  in  ex- 
press words,  that  no  person  should  exercise  the  powers  of  more 
than  one  of  the  three  departments,  legislative,  executive  and  judi- 
ciary, at  the  same  time.  This  proves,  that  the  very  men  who 
had  made  that  constitution,  understood  that  it  would  be  alterable 
by  the  General  Assembly.  This  court  was  only  for  that  occasion. 
When  the  next  General  Assembly  met,  after  the  election  of  the 


405 

ensuing  year,  there  was  a  new  set  of  malefactors  in  the  jail,  and 
no  court  to  try  them.  This  Assembly  passed  a  similar  law  to  the 
former,  appointing  certain  members  of  the  Executive  Council,  to  be 
an  occasional  court  for  this  particular  case.  Not  having  the  jour- 
nals of  Assembly  by  me,  I  am  unable  to  say  whether  this  measure 
was  repealed  afterwards.  However,  they  are  instances  of  execu- 
tive and  judiciary  powers  exercised  by  the  same  persons,  under 
the  authority  of  a  law,  made  in  contradiction  to  the  constitution. 

2.  There  was  a  process  depending  in  the  ordinary  courts  of 
justice,  between  two  individuals  of  the  name  of  Robinson  and 
Fauntleroy,  who  were  relations,  of  different  descriptions,  to  one 
Robinson,  a  British  subject,  lately  dead.  Each  party  claimed  a 
right  to  inherit  the  lands  of  the  decedent,  according  to  the  laws. 
Their  right  should,  by  the  constitution,  have  been  decided  by  the 
judiciary  courts;  and  it  was  actually  depending  before  them. 
One  of  the  parties  petitioned  the  Assembly,  (I  think  it  was  in  the 
year  1782,)  who  passed  a  law  deciding  the  right  in  his  favor.  In 
the  following  year,  a  Frenchman,  master  of  a  vessel,  entered  into 
port  without  complying  with  the  laws  established  in  such  cases, 
whereby,  he  incurred  tlie  forfeitures  of  the  law  to  any  person  who 
would  sue  for  them.  An  individual  instituted  a  legal  process  to 
recover  these  forfeitures,  according  to  the  law  of  the  land.  The 
Frenchman  petitioned  the  Assembly,  who  passed  a  law  deciding 
the  question  of  forfeiture  in  his  favor.  These  acts  are  occasional 
repeals  of  that  part  of  the  constitution,  which  forbids  the  same  per- 
sons to  exercise  legislative  Q.nd  judiciary  powers,  at  the  same  time. 

3.  The  Assembly  is  in  the  habitual  exercise,  during  their  ses- 
sions, of  directing  the  Executive  what  to  do.  There  are  few  pages 
of  their  journals,  which  do  not  furnish  proofs  of  this,  and,  conse- 
quently, instances  of  the  legislative  and  executive  powers  exercise^ 
by  the  same  persons,  at  the  same  time.  These  things  prove,  that 
it  has  been  the  uninterrupted  opinion  of  every  Assembly,  from  that 
which  passed  the  ordinance  called  the  constitution,  down  to  the 
present  day,  that  their  acts  may  control  that  ordinance,  and,  of 
course,  that  the  State  of  Virginia  has  no  fixed  constitution  at  all. 


[The  succeeding  observations  were  made  by  Mr.  Jefferson  on 
an  article  entided  'Etats  Unis,'  prepared  for  the  Encyclopedic 
Methodique,  and  submitted  to  him  before  its  publication.] 

Page  8.  The  malefactors  sent  to  America,  were  not  sufficient 
in  number  to  merit  enumeration,  as  one  class  out  of  three,  which 


406 

peopled  America.  It  was  at  a  late  period  of  their  history,  that  this 
practice  began.  I  have  no  book  by  me,  which  enables  me  to 
point  out  the  date  of  its  commencement.  But  I  do  not  think  the 
whole  number  sent,  would  amount  to  two  thousand,  and  being 
principally  men,  eaten  up  with  disease,  they  married  seldom  and 
propagated  litde.  I  do  not  suppose  that  themselves  and  their  de- 
scendants, are,  at  present,  four  thousand,  which  is  httle  more  than 
one  thousandth  part  of  the  whole  inhabitants. 
,  Indented  servants  formed  a  considerable  supply.  These  were 
poor  Europeans,  who  went  to  America  to  settle  themselves.  If 
they  could  pay  their  passage,  it  was  well.  If  not,  they  must  find 
means  of  paying  it.  They  were  at  hberty,  therefore,  to  make  an 
agreement  with  any  person  they  chose,  to  serve  him  such  a  length 
of  time  as  they  agreed  on,  upon  condition  that  he  would  repay,  to 
the  master  of  the  vessel,  the  expenses  of  their  passage.  If,  being 
foreigners,  unable  to  speak  the  language,  they  did  not  know  how 
to  make  a  bargain  for  themselves,  the  captain  of  the  vessel  con- 
tracted for  them,  with  such  persons  as  he  could.  This  contract 
was  by  deed  indented,  which  occasioned  them  to  be  called  in- 
dented servants.  Sometimes  they  were  called  redemptioners,  be- 
cause, by  their  agreement  with  the  master  of  the  vessel,  they  could 
redeem  themselves  from  his  power  by  paying  their  passage ;  which, 
they  frequently  effected,  by  hiring  themselves  on  their  arrival,  as 
is  before  mentioned.  In  some  States,  I  know,  that  these  people  had  a 
right  of  marrying  themselves,  without  their  master's  leave,  and  I 
did  suppose  they  had  that  right  every  where.  I  did  not  know,  that, 
in  any  of  the  States,  they  demanded  so  much  as  a  week  for  every 
day's  absence,  without  leave.  I  suspect  this  must  have  been  at  a 
very  early  period,  while  the  governments  were  in  the  hands  of  the 
first  emigrants,  who,  being  mostly  laborers,  were  narrow-minded 
and  severe.  I  know  that  in  Virginia,  the  laws  allowed  their  ser- 
vitude to  be  protracted  only  two  days  for  every  one  they  were  ab- 
sent, without  leave.  So  mild  was  this  kind  of  servitude,  that  it 
was  very  frequent  for  foreigners,  who  carried  to  America  money 
enough,  not  only  to  pay  their  passage,  but  to  buy  themselves  a 
farm,  to  indent  themselves  to  a  master  for  three  years,  for  a  cer- 
tain sum  of  money,  with  a  view  to  learn  the  husbandry  of  the 
country.  I  will  here  make  a  general  observation.  So  desirous 
are  the  poor  of  Europe  to  get  to  America,  where  they  may  better 
their  condition,  that,  being  unable  to  pay  their  passage,  they  will 
agree  to  serve  two  or  three  years  on  their  arrival  there,  rather  than 
not  go.  During  the  time  of  that  service,  they  are  better  fed,  bet- 
ter clothed,  and  have  lighter  labor,  than  while  in  Europe.  Con- 
tinuing to  work  for  hire,  a  few  years  longer,  they  buy  a  farm,  mar- 


407 

ry,  and  ^njoy  all  the  sweets  of  a  domestic  society  of  their  own. 
The  American  governments  are  censured  for  permitting  this  spe- 
cies of  servitude,  which  lays  the  foundation  of  the  happiness  of 
these  people.  But  what  should  these  governments  do  ?  Pay  the 
passage  of  all  those  who  choose  to  go  into  their  country  ?  They 
are  not  able ;  nor,  were  they  able,  do  they  think  the  purchase 
worth  the  price.  Should  they  exclude  these  people  from  their 
shores  ?  Those  who  know  their  situations  in  Europe  and  Ame- 
rica, would  not  say,  that  this  is  the  alternative  which  humanity  dic- 
tates. It  is  said  these  people  are  deceived  by  those  who  carry 
them  over.  But  this  is  done  in  Europe.  How  can  the  American 
governments  prevent  it  ?  Should  they  punish  the  deceiver  ?  It 
seems  more  incumbent  on  the  European  government,  where  the 
act  is  done,  and  where  a  public  injury  is  sustained  from  it.  How- 
ever, it  is  only  in  Europe  that  this  deception  is  heard  of.  The 
individuals  are  generally  satisfied  in  America,  with  their  adventure, 
and  very  few  of  them  wish  not  to  have  made  it.  I  must  add,  that 
the  Congress  have  nothing  to  do  with  this  matter.  It  belongs  to 
the  legislatures  of  the  several  States. 

Page  26.  'Une  puissance,  en  effet,'  &ic.  The  account  of  the 
setdement  of  the  colonies,  which  precedes  tliis  paragraph,  shews 
that  that  settlement  was  not  made  by  public  authority,  or  at  the 
public  expense  of  England ;  but  by  the  exertions,  and  at  the  ex- 
pense of  individuals.  Hence  it  happened,  that  their  constitutions 
were  not  formed  systematically,  but  according  to  the  circum- 
stances which  happened  to  exist,  in  each.  Hence,  too,  the  prin- 
ciples of  the  political  connection  between  the  old  and  new  countries, 
were  never  settled.  That  it  would  have  been  advantageous  to 
have  settled  them,  is  certain  ;  and,  particularly,  to  have  provided 
a  body  which  should  decide,  in  the  last  resort,  all  cases  wherein 
both  parties  were  interested.  But  it  is  not  certain  that  that  right 
would  have  been  given,  or  ought  to  have  been  given  to  the  Par- 
liament; much  less,  that  it  resulted  to  the  Parliament,  without  hav- 
ing been  given  to  it  expressly.  Wliy  was  it  necessary,  that  there 
should  have  been  a  body  to  decide  in  the  last  resort  ?  Because,  it 
would  have  been  for  the  good  of  both  parties.  But  this  reason 
shews,  it  ought  not  to  have  been  the  Parliament,  since,  that  would 
have  exercised  it  for  the  good  of  one  party  only. 

Page  105.  As  to  the  change  of  the  8th  article  of  Confederation, 
for  quotaing  requisitions  of  money  on  the  States. 

By  a  report  of  the  secretary  of  Congress,  dated  January  the 
4th,  1786,  eight  States  had  then  acceded  to  the  proposition  ;  to 
wit,  Massachusetts,  Connecdcut,  New  York,  New  Jersey,  Penn- 
sylvania, Maryland,  Virginia  and  North  Carolina. 


408 

Congress,  on  the  18th  of  April,  1783,  recommended  to  the 
States  to  invest  them  with  a  power,  for  twenty-five  years,  to  levy 
an  impost  of  five  per  cent,  on  all  articles  imported  from 
abroad.  New  Hampshire,  Massachusetts,  Connecticut,  New  Jer- 
sey, Pennsylvania,  Delaware,  Virginia,  North  Carolina  and  South 
Carolina,  had  complied  with  this,  before  the  4th  of  January,  1786. 
Maryland  had  passed  an  act  for  the  same  purpose  ;  but,  by  a  mis- 
take in  referring  to  the  date  of  the  recommendation  of  Congress, 
the  act  failed  of  its  effect.  This  was  therefore  to  be  rectified. 
Since  the  4th  of  January,  the  public  papers  tell  us,  that  Rhode 
Island  has  complied  fully  with  this  recommendation.  It  remains 
still  for  New  York  and  Georgia  to  do  it.  The  exportations  of 
America,  which  are  tolerably  well  known,  are  the  best  measure 
for  estimating  the  importations.  These  are  probably  worth  about 
twenty  millions  of  dollars,  annually.  Of  course,  this  impost  will 
pay  the  interest  of  a  debt  to  that  amount.  If  confined  to  the  fo- 
reign debt,  it  will  pay  the  whole  interest  of  that,  and  sink  half  a 
million  of  the  capital,  annually.  The  expenses  of  collecting  this 
impost,  will  probably  be  six  per  cent  on  its  amount,  this  being  the 
usual  expense  of  collection  in  the  United  States.  This  will  be 
sixty  thousand  dollars. 

On  the  30th  of  April,  1784,  Congress  recommended  to  the 
States,  to  invest  them  with  a  power,  for  fifteen  years,  to  exclude 
from  their  ports  the  vessels  of  all  nations,  not  having  a  treaty  of 
commerce  with  them  ;  and  to  pass,  as  to  all  nations,  an  act  on  the 
principles  of  the  British  navigation  act.  Not  that  they  were  dis- 
posed to  carry  these  powers  into  execution,  with  such  as  would 
meet  them  in  fair  and  equal  arrangements  of  commerce  ;  but  that 
they  might  be  able  to  do  it  against  those  who  should  not.  On  the 
4th  of  January,  1786,  New  Hampshire,  Massachusetts,  Rhode 
Island,  Connecticut,  New  York,  Pennsylvania,  Maryland,  Virginia 
and  North  Carolina,  had  done  it.  It  remained  for  New  Jersey, 
Delaware,  South  Carolina  and  Georgia,  to  do  the  same. 

In  the  mean  time,  the  general  idea  has  advanced  before  the 
demands  of  Congress,  and  several  States  have  passed  acts,  for  vest- 
ing Congress  with  the  whole  regulation  of  their  commerce,  reserv- 
ing the  revenue  arising  from  these  regulations,  to  the  disposal  of 
the  State  in  which  it  is  levied.  The  States  which,  according  to  the 
public  papers,  have  passed  such  acts,  are  New  Hampshire,  Mas- 
sachusetts, Rhode  Island,  New  Jersey,  Delaware  and  Virginia : 
but,  the  Assembly  of  Virginia,  apprehensive  that  this  disjointed 
method  of  proceeding  may  fail  in  its  effect,  or  be  much  retarded, 
passed  a  resolution  on  the  21st  of  January,  1786,  appointing  com- 
missioners to  meet,  otiiers  from  the  other  States,  whom  they  invite 


409 

into  the  same  measure,  to  digest  the  form  of  an  act,  for  investing 
Congress  with  such  powers  over  their  commerce,  as  shall  be 
thought  expedient,  which  act  is  to  be  reported  to  their  several  As- 
semblies, for  their  adoption.  This  was  the  state  of  tlie  several 
propositions  relative  to  the  impost,  and  regulation  of  commepce,  at 
the  date  of  our  latest  advices  from  America. 

Page  125.  The  General  Assembly  of  Virginia,  at  their  ses- 
sion in  1785,  passed  an  act,  declaring  that  the  district,  called 
Kentucky,  ^lall  be  a  separate  and  independent  State,  on  these 
conditions.  1 .  That  tlie  people  of  that  district  shall  consent  to  it. 
2.  That  Congress  shall  consent  to  it,  and  shall  receive  them  into 
the  federal  Union.  3.  That  they  shall  take  on  themselves  a 
proportionable  part  of  the  public  debt  of  Virginia.  4.  That  they 
shall  confirm  all  titles  to  lands  within  their  district,  made  by  the 
State  of  Virginia,  before  their  separation. 

Page  139.  It  was  in  1783,  and  not  in  1781,  that  Congress 
quitted  Philadelphia. 

Page  140.  '  Le  Congres  qui  se  trouvoit  a  la  portee  des  re- 
belles  fut  effraye.'  I  was  not  present  on  this  occasion,  but  I  have 
had  relations  of  the  transaction  from  several  who  were.  The 
conduct  of  Congress  was  marked  with  indignation  and  firmness. 
They  received  no  propositions  from  the  mutineers.  They  came 
to  the  resolutions,  which  may  be  seen  in  the  journals  of  June  the 
21st,  1783,  then  adjourned  regularly,  and  went  through  die  body 
of  the  mirtineers  to  their  respective  lodgings.  The  measures  ta- 
ken by  Dickinson,  the  President  of  Pennsylvania,  for  punishing 
this  insult,  not  being  satisfactory  to  Congress,  they  assembled,  nine 
days  after,  at  Princeton,  in  Jersey.  The  people  of  Pennsylvania 
sent  petitions,  declaring  their  indignation  at  wlmt  had  passed,  their 
devotion  to  the  federal  head,  and  their  dispositions  to  protect  it, 
and  praying  them  to  return ;  the  legislature,  as  soon  as  assembled, 
did  the  same  thing ;  the  Executive,  whose  irresolution  had  been 
so  exceptionable,  made  apologies.  But  Congress  were  now  re- 
moved ;  and,  to  the  opinion  that  tliis  example  was  proper,  other 
causes  were  now  added,  sufficient  to  prevent  their  return  to  Phi- 
ladelphia. 

Page  155. 1.  2.  Omit  '  La  dette  actuelle,'  &;c. . 

And  also,  'Les  details,'  &tc.  &lc.  to  the  end  of  the  paragraph, 
'  celles  des  Etats  Unis  ;'  page  156.  The  reason  is,  that  these 
passages  seem  to  suppose,  that  the  several  sums  emitted  by  Con- 
gress, at  different  times,  amounting  nominally  to  two  hundred  mil- 
lions of  dollars,  had  been  actually  worth  that  at  the  time  of  emis- 
sion, and,  of  course,  that  the  soldiers  and  others  had  received  that 
sum  from  Congress.  But  nothing  is  further  from  the  truth.  The 
VOL.  I.  52 


410 

soldier,  victualler,  or  other  persons  who  received  forty  dollars  for 
a  service,  at  the  close  of  the  year  1779,  received,  in  fact,  no  more 
than  he  who  received  one  dollar  for  the  same  service,  in  the  year 
1775,  or  1776  ;  because,  in  those  years,  the  paper  money  was  at 
par  with  silver ;  whereas,  by  the  close  of  1779,  forty  paper  dollars 
were  worth  but  one  of  silver,  and  would  buy  no  more  of  the  ne- 
cessaries of  life.  To  know  what  the  monies  emitted  by  Congress 
were  worth  to  the  people,  at  the  time  they  received  them,  we 
will  state  the  date  and  amount  of  every  several  emission,  the  de- 
preciation of  paper  money  at  the  rime,  and  the  real  worth  of  the 
emission  in  silver  or  gold. 


411 


Depre- 
ciation. 

Worthof  the  sum 

Emission. 

Sum  emitted. 

emitted,  in  silver 
dollars. 

1775.  June   23. 

2.000.000 

2.000.000 

Nov.  29. 

3.000.000 

3.000.000 

1776.  Feb.   17. 

4.000.000 

4.000.000 

Aug.   13. 

5.000.000 

5.000.000 

1777.  May   20. 

5.000.000 

2  2-3 

1.877.273 

Aug.  15. 

1.000.000 

3 

333.333  1-3 

Nov.     7. 

1.000.000 

4 

250.000 

Dec.     3. 

1.000.000 

4 

250.000 

1778.  Jan.       8. 

1.000.000 

4 

250.000 

Jan.    22. 

2.000.000 

4 

500.000 

Feb.  16. 

2.000.000 

5 

400.000 

March  5. 

2.000.000 

5 

400.000 

April    4. 

1.000.000 

6 

166.666  2-3 

April  11. 

5.000.000 

6 

833.333  1-3 

April  18. 

500.000 

6 

83.333  1-3 

May   22.. 

5.000.000 

5 

1.000.000 

June  20. 

5.000.000 

4 

1.250.000 

July    30. 

5.000.000 

4  1-2 

1.111.111 

Sep.      5. 

5.000.000 

5 

1.000.000 

Sep.   26. 

10.000.100 

5 

2.000.020 

Nov.     4. 

10.000.100 

6 

1.666.683  1-3 

Dec.  14. 

10.000.100 

6 

1.666.683  1-3 

1779.  Jan.    14. 

*24.447.620 

8 

3.055.952  1-2 

Feb.     3. 

5.000.160 

10 

500.016 

Feb.  12. 

5.000.160 

10 

500.016 

April    2. 

5.000.160 

17 

294.127 

May     5. 

10.000.100 

24 

416.670  5-6 

June     4. 

10.000.100 

20 

500.005 

July    17. 

15.000.280 

20 

750.014 

Sep.  17. 

15.000.260 

24 

625.010  5-6 

Oct.  14. 

5.000.180 

30 

166.672  2-3 

Nov.  17. 

10.050.540 

38  1-2 

261.053 

Nov.  29. 

10.000.140 

38  1-2 

259.743 

200.000.000 

36.367.719  5-6 

*  The  sum  actually  voted  was  50.000.400,  but  part  of  it  was  for  exchange  of 
old  bills,  without  saying  how  much.  It  is  presumed  that  these  exchanges 
absorbed  25.552.780,  because  the  remainder,  24.447.620,  with  all  the  other 
emissions  preceding  September  2nd,  1779,  will  amount  to  159.948.880,  the  sum 
which  Congress  declared  to  be  then  in  circulation. 


412' 

Thus,  it  appears,  that  the  two  hundred  millions  of  dollars,  emit- 
ted by  Congress,  were  worth,  to  those  who  received  them,  but 
about  thirty-six  millions  of  silver  dollars.  If  we  estimate  at  the 
same  value,  the  like  sum  of  two  hundred  millions,  supposed  to  have 
been  emitted  by  the  States,  and  reckon  the  Federal  debt,  foreign 
and  domestic,  at  about  forty-three  millions,  and  the  State  debts,  at 
about  twenty-five  millions,  it  will  form  an  amount  of  one  hundred 
and  forty  millions  of  dollars,  or  seven  hundred  and  thirty-five 
millions  of  livres,  Tournois,  the  total  sum  which  the  war  has  cost 
the  inhabitants  of  the  United  States.  It  continued  eight  years, 
from  the  battle  of  Lexington  to  the  cessation  of  hostilities  in  Ame- 
rica. The  annual  expense,  then,  was  about  seventeen  millions  and 
five  hundred  thousand  dollars,  while  that  of  our  enemies  was  a 
greater  number  of  guineas. 

It  will  he  asked,  how  will  the  two  masses  of  Continental  and 
of  State  money,  have  cost  the  people  of  the  United  States  se- 
venty-two millions  of  dollars,  when  they  are  to  be  redeemed,  now, 
with  about  six  millions?  I  answer,  that  the  difference,  being  sixty- 
six  milhons,  has  been  lost  on  the  paper  bills,  separately,  by  the  suc- 
cessive holders  of  them.  Every  one,  through  whose  hands  a  bill 
passed,  lost  on  that  bill  what  it  lost  in  value,  during  the  time  it  was 
in  his  hands.  This  was  a  real  tax  on  him ;  and,  in  this  way,  the 
people  of  the  United  States  actually  contributed  those  sixty-six 
millions  of  dollars,  during  the  war,  and  by  a  mode  of  taxation 
the  most  oppressive  of  all,  because  the  most  unequal  of  all. 

Page  166;  bottom  line.  Leave  out  *Et  c'est  une  autre  econ- 
omic,' &ic.  The  reason  of  this,  is,  that  in  1784,  purchases  of 
lands  were  to  be  made  of  the  Indians,  which  were  accordingly 
made.  But  in  1785,  they  did  not  propose  to  make  any  purchase. 
The  money  desired  in  1785,  five  thousand  dollars,  was  probably 
to  pay  agents  residing  among  the  Indians,  or  balances  of  the  pur- 
chases of  1784.  These  purchases  will  not  be  made  every  year; 
but  only  at  distant  intervals,  as  our  settlements  are  extended:  and 
it  may  be  regarded  as  certain,  that  not  a  foot  of  land  will  ever  be 
taken  from  the  Indians,  without  their  own  consent.  The  sacred- 
ness  of  their  rights,  is  felt  by  all  thinking  persons  in  America,  as 
much  as  in  Europe. 

Page  170.  Virginia  was  quotaed  the  highest  of  any  State  in 
the  Union.  But  during  the  war,  several  States  appear  to  have 
paid  more,  because  they  were  free  from  the  enemy,  whilst  Virginia 
was  cruelly  ravaged.  The  requisition  of  1784,  was  so  quotaed  on 
the  several  States,  as  to  bring  up  their  arrearages;  so  that  when 
they  should  have  paid  the  sums  then  demanded,  all  would  be  on 
an  equal  footing.     It  is  necessary  to  give  a  further  explanation  of 


"1^^^' 


413 


this  requisition.  The  requisitions  of  one  million  and  two  hundred 
thousand  dollars,  of  eight  millions,  and  two  millions,  had  b,een 
made  during  the  war,  as  an  experiment,  to  see  whether,  in  that 
situation,  the  States  could  furnish  the  necessary  supplies.  It  was 
found  they  could  not.  The  money  was  thereupon  obtained  by 
loans  in  Europe :  and  Congress  meant,  by  their  requisition  of 
1784,  to  abandon  the  requisitions  of  one  million  and  two  hundred 
thousand  dollars,  and  of  two  millions,  and  also  one  half  of  the 
eight  millions.  But  as  all  the  States,  almost,  had  made  some  pay- 
ments in  part  of  that  requisition,  they  were  obliged  to  retain  such 
a  proportion  of  it,  as  would  enable  them  to  call  for  equal  contri- 
butions from  all  the  others. 

Page  170.  I  cannot  say  how  it  has  happened,  that  the  debt  of 
Connecticut  is  greater  than  that  of  Virginia.  The  latter  is  the 
richest  in  productions,  and,  perhaps,  made  greater  exertions  ta 
pay  for  her  supplies  in  the  course  of  the  war. 

Page  172.  '  Les  Americains  sevant  apres  une  banqueroute,' 
&c.  The  objections  made  to  thq  United  States,  being  here  con- 
densed together  in  a  short  compass,  perhaps,  it  would  not  be  im- 
proper to  condense  the  answers  in  as  small  a  compass,  in  some 
such  form  as  follows.  That  is,  after  the  words  '  aucun  espoir',  add, 
'But  to  these  charges  it  may  be  justly  answered,  that  those  are 
no  bankrupts  who  acknowledge  the  sacredness  of  their  debts,  in 
their  just  and  real  amount,  who  are  able,  within  a  reasonable  time, 
to  pay  them,  and  who  are  actually  proceeding  in  that  payment ; 
that  they  furnish,  in  fact,  the  supplies  necessary  for  the  support  of 
their  government;  that  their  officers  and  soldiers  are  satisfied,  as 
the  interest  of  their  debt  is  paid  regularly,  and  the  principal  is 
in  a  course  of  payment;  that  the  question,  whether  they  fought 
ill,  should  be  asked  of  those  who  met  them  at  Bunker's  hill, 
Bennington,  Stillwater,  King's  mountain,  the  Cowpens,  Guilford, 
and  the  Eutaw.  And  that  the  charges  of  ingratitude,  madness, 
infidelity  and  corruption,  are  easily  made  by  those  to  whom  false- 
hoods cost  nothing ;  but  that  no  instances,  in  support  of  them,  have 
been  produced,  or  can  be  produced.' 

Page  187.  'Les  officiers  et  les  soldats  ont  ete  payes,'  &ic. 
The  balances  due  to  the  officers  and  soldiers  have  been  ascer- 
tained, and  a  certificate  of  the  sum  given  to  each ;  on  these,  the 
interest  is  regularly  paid ;  and  every  occasion  is  seized  of  paying 
the  principal,  by  receiving  these  certificates  as  money,  whenever 
public  property  is  sold,  till  a  more  regular  and  efFeciual  method 
can  be  taken,  for  paying  the  whole. 

Page  191.  'Quoique  la  loi  dont  nous  parlous,  ne  s'observe 
plus  en  Angleterre.'     'An  alien  born  may  purchase  lands  or  other 


414 

estates,  but  not  for  his  own  use ;  for  the  King  is  thereupon  entitled 
to  them.'  'Yet  an  alien  may  acquire  a  property  in  goods,  money 
and  other  personal  estate,  or  may  hire  a  house  for  his  habitation. 
For  this  is  necessary  for  the  advancement  of  trade.'  'Also,  an 
alien  may  bring  an  action  concerning  personal  property,  and  may 
make  a  will,  and  dispose  of  his  personal  estate.'  'When  I  men- 
tion these  rights  of  an  alien,  I  must  be  understood  of  alien  friends 
only,  or  such  whose  countries  are  in  peace  with  ours;  for  alien 
enemies  have  no  rights,  no  privileges,  unless  by  the  King's  special 
favor,  during  the  time  of  war.'  Blackstone,  B.  I.e.  10,  page  372. 
*  An  alien  friend  may  have  personal  actions,  but  not  real ;  an  alien 
enemy  shall  have  neither  real,  personal,  nor  mixed  actions.  The 
reason  why  an  alien  friend  is  allowed  to  maintain  a  personal  ac- 
tion, is,  because,  he  would  otherwise  be  incapacitated  lo  merchan- 
dise, which  may  be  as  much  to  our  prejudice  as  his.'  Cuning- 
ham's  law  diet,  title.  Aliens.  The  above  is  the  clear  law  of 
England,  practised  from  the  earliest  ages  to  this  day,  and  never 
denied.  The  passage  quoted  by  M.  de  Meuisnier  from  2.  Black- 
stone,  c.  26,  is  from  his  chapter  '  Of  tide  to  things  personal  by 
occupancy  J  The  word  '  personal,'  shews,  that  nothing  in  this  chap- 
ter relates  to  lands,  which  are  real  estate  ;  and,  therefore,  this  pas- 
sage does  not  contradict  the  one  before  quoted  from  the  same 
author,  (1  Bl.  c.  10.)  which  says,  that  the  lands  of  an  alien  be- 
long to  the  King.  The  words,  'of  tide  by  occupancy,''  shew,  that 
it  does  not  relate  to  debts,  which,  being  a  moral  existence  only, 
cannot  be  the  subject  of  occupancy.  Blackstone,  in  this  passage, 
(B.  2.  c.  26.).  speaks  only  of  personal  goods  of  an  alien,  which 
another  may  find,  and  seize  as  prime  occupant. 

Page  1 93.  '  Le  remboursement  presentera  des  difficultes  des 
sommes  considerables,'  he.  There  is  no  difficulty  nor  doubt  on 
this  subject.  Every  one  is  sensible  how  this  is  to  be  ultimately 
setded.  Neither  the  Bridsh  creditor,  nor  the  State,  will  be  per- 
mitted to  lose  by  these  payments.  The  debtor  will  be  credited 
for  what  he  paid,  according  to  what  it  was  really  worth  at  the 
time  he  paid  it,  and  he  must  pay  the  balance.  Nor  does  he  lose 
by  this ;  for  if  a  man  who  owed  one  thousand  dollars  to  a  British 
merchant,  paid  eight  hundred  paper  dollars  into  the  treasury, 
when  the  depreciation  was  at  eight  for  one,  it  is  clear  he  paid  but 
one  hundred  real  dollars,  and  must  now  pay  nine  hundred.  It  is 
probable,  he  received  those  eight  hundred  dollars  for  one  hundred 
bushels  of  wheat,  which  were  never  worth  more  than  one  hundred 
silver  dollars.  He  is  credited,  therefore,  the  full  worth  of  his 
wheat.     The  equivoque  is  in  the  use  of  the  word  '  dollar.' 

Page  226.  '  Qu' on  abolisse  les  privileges  du  clerge.'     This 


415 

privilege,  originally  allowed  to  the  clergy,  is  now  extended  to  every 
man,  and  even  to  women.  It  is  a  right  of  exemption  from  capital 
punishment,  for  the  first  offence,  in  most  cases.  It  is,  then,  a  par- 
don by  the  law.  In  other  cases,  the  Executive  gives  the  pardon. 
But  when  laws  are  made  as  mild  as  they  should  be,  both  those 
pardons  are  absurd.  The  principle  of  Beccaria  is  sound.  Let 
the  legislators  be  merciful,  but  the  executors  of  the  law  inexorable. 
As  the  term  'privileges  du  clerge'  may  be  misunderstood  by  fo- 
reigners, perhaps,  it  will  be  better  to  strike  it  out  here,  and  substi- 
tute the  word  'pardon.' 

Page  239.  *Les  commissaires  venlent,' &:c.  Manslaughter  is 
the  kilHng  a  man  with  design,  but  in  a  sudden  gust  of  passion,  and 
where  the  killer  has  not  had  time  to  cool.  The  first  offence  is 
not  punished  capitally,  but  the  second  is.  This  is  the  law  of  Eng- 
land and  of  all  the  American  States ;  and  is  not  a  new  proposition. 
Those  laws  have  supposed  that  a  man,  whose  passions  have  so 
much  dominion  over  him,  as  to  lead  him  to  repeated  acts  of  mur- 
der, is  unsafe  to  society  :  that  it  is  better  Tie  should  be  put  to  death 
by  the  law,  than  others,  more  innocent  than  himself,  onthe  move^ 
ments  of  his  impetuous  passions.     , 

Ibid.  'Mal-aise  d'  indiquer  la  nuance  precise,'  he.  In  form- 
ing a  scale  of  crimes  and  punishments,  two  considerations  have 
principal  weight.  1.  The  atrocity  of  the  crime.  2.  The  pecu- 
liar circumstances  of  a  country,  which  furnish  greater  temptations 
to  commit  it,  or  greater  facilities  for  escaping  detection.  The 
punishment  must  be  heavier,  to  counterbalance  this.  Were  the 
first,  the  only  consideration,  all  nations  would  form  the  same  scale. 
But,  as  the  circumstances  of  a  country  have  influence  on  the  pun- 
ishment, and  no  two  countries  exist  precisely  under  the  same 
circumstances,  no  two  countries  will  form  the  same  scale  of  crimes 
and  punishments.  For  example ;  in  America,  the  inhabitants  let 
their  horses  go  at  large,  in  the  uninclosed  lands,  which  are  so  ex- 
tensive, as  to  maintain  them  altogether.  It  is  easy,  therefore,  to 
steal  them,  and  easy  to  escape.  Therefore,  the  laws  are  obliged 
to  oppose  these  temptations  with  a  heavier  degree  of  punishment. 
For  this  reason,  the  stealing  of  a  horse,  in -America,  is  punished 
more  severely,  than  stealing  the  same  value  in  any  other  form.  In 
Europe,  where  horses  are  confined  so  securely,  that  it  is  impossible 
to  steal  them,  that  species  of  theft  need  not  be  punished  more 
severely  than  any  other.  In  some  countries  of  Europe,  stealing 
fruit  from  trees  is  punished  capitally.  The  reason  is,  that  it  being 
impossible  to  lock  fruit  trees  up  in  coffers,  as  we  do  our  money, 
it  is  impossible  to  oppose  physical  bars  to  this  species  of  theft. 
Moral  ones  are,  therefore,  opposed  by  the  laws.     This,  to  an  un- 


416 

reflecting  American,  appears  the  most  enormous  of  all  the  abuses 
of  power ;  because,  he  has  been  used  to  see  fruits  hanging  in  such 
quantities,  that,  if  not  taken  by  men,  they  would  rot :  he  has  been 
used  to  consider  them,  therefore,  as  of  no  value,  and  as  not  fur- 
nishing mateiials  for  the  commission  of  a  crime.  This  must  serve  ^ 
as  an  apology  for  tlie  arrangement  of  crimes  and  punishments,  in 
the  scale  under  our  consideration.  A  different  one  would  be 
formed  here;  and. still  different  ones  in  Italy,  Turkey,  China,  &ic. 

Page  240.  '  Les  ofhciers  Americains,'  &ic.  to  page  264,  *  qui  le 
meritoient.'  I  would  propose  to  new  model  tliis  section,  in  the 
following  manner.  1.  Give  a  succinct  history  of  the  origin  and 
establishment  of  the  Cincinnati.  2.  Examine  whether,  in  its  pre- 
sent form,  it  threatens  any  dangers  to  the  State.  3.  Propose  the 
most  practicable  method  of  preventing  them. 

Having  been  in  America,  during  the  period  in  which  this  insti- 
tution was  formed,  and  beiqg  then  in  a  situation  which  gave  me 
opportunities  of  seeing  it,  in  all  its  stages,  I  may  venture  to  give 
M.  de  Meusnier,  materials  for  the  first  branch  of  the  preceding 
distribution  of  the  subject.  The  second  and  third,  he  will  best 
execute  himself.     I  should  write  its  history  in  the  following  form. 

When,  on  the  close  of  that  war,  which  established  the  indepen- 
dence of  America,  its  army  was  about  to  be  disbanded,  the  offi- 
cers, who,  during  the  course  of  it,  had  gone  through  the  most  try- 
ing scenes  together,  who,  by  mutual  aids  and  good  offices,  had 
become  dear  to  one  another,  felt  with  great  oppression  of  mind, 
the  approach  of  that  moment  which  was  to  separate,  them,  never, 
perhaps,  to  meet  again.  They  were  from  different  States,  and 
from  distant  parts  of  the  same  State.  Hazard  alone  could,  there- 
fore, give  them  but  rare  and  partial  occasions  of  seeing  each  other. 
They  were,  of  course,  to  abandon,  altogether,  the  hope  of  ever 
meeting  again,  or  to  devise  some  occasion  which  might  bring  them 
together.  And  why  not  come  together  on  purpose,  at  stated 
times  ?  Would  not  the  trouble  of  such  a  journey  be  greatly  over- 
paid, by  the  pleasure  of  seeing  each  other  again,  by  the  sweetest 
of  all  consolations,  the  talking  over  ihe  scenes  of  difficulty  and  of 
endearment  diey  had  gone  through?  This,  too,  would  enable 
them  to  know,  who  of  them  should  succeed  in  the  world,  who 
should  be  unsuccessful,  and  to  open  the  purses  of  all  to  every  la- 
boring brother.  This  idea  w^as  too  soothing,  not  to  be  cherished 
in  conversation.  It  was  improved  into  that  of  a  regular  associa- 
tion, with  an  organised  administration,  witli  periodical  meetings, 
general  and  particular,  fixed  contributions  for  those  who  should  be 
in  disU'ess,  and  a  badge,  by  which,  not  only  those  who  had  not  had 
occasion  to  become  personally  known,  should  be  able  to  recognise 


417 

one  another,  but  which  should  be  worn  by  then*  descendants,  to 
perpetuate  among  tliem  the  friendships,  which  had  bound  their  an- 
cestors together. 

General  Washington  was,  at  that  moment,  oppressed  with  the 
operation  of  disbanding  an  army  which  was  not  paid,  and  the  dif- 
ficulty of  this  operation  was  increased,  by  some  two  or  three  States' 
having  expressed  sentiments,  which  did  not  indicate  a  sufficient 
attention  to  their  payment.  He  was  sometimes  present,  when  liis 
officers  were  fashioning  in  their  conversations,  their  newly  pro- 
posed society.  He  saw  the  innocence  of  its  origin,  and  foresaw 
no  effects  lesscinnocent.  He  was,  at  that  time,  writing  his  vale- 
dictory letter  to  the  States,  which  has  been  so  deservedly  applaud- 
ed by  the  world.  Far  from  thinking  it  a  moment  to  multiply  the 
causes  of  irritation,  by  thwarting  a  proposition  which  had  abso- 
lutely no  other  basis  but  that  of  benevolence  and  friendship,  he 
was  rather  satisfied  to  find  himself  aided  in  his  difficulties  by  this 
new  incident,  which  occupied,  and,  at  the  same  time,  soothed  the 
minds  of  the  officers.  He  thought,  too,  that  this  institution  would 
be  one  instrument  the  more,  for  strengthening  the  federal  bond, 
and  for  promoting  federal  ideas.  The  institution  was  formed. 
Th^y  incorporated  into  it  the  officers  of  the  French  army  and 
navy,  by  whose  sides  they  had  fought,  and  with  whose  aid  they 
had  finally  prevailed,  eictending  it  to  such  grades,  as  they  were 
told  might  be  permitted  to  enter  into  it.  They  sent  an  officer  to 
France,  to  make  the  proposition  to  them,  and  to  procure  the 
badges  which  they  had  devised  for  their  order.  The  moment  of 
disbanding  the  army  having  come,  before  they  could  have  a  full 
meeting  to  appoint  their  President,  the  General  was  prayed  to 
act  in  that  office  till  their  first  general  meeting,  wh^h  was  to  be 
held  at  Philadelphia,  in  the  month  of  May  following. 

The  laws  of  the  society  were  published.  Men  who  read  them 
in  their  closets,  unwarmed  by  those  sentiments  of  friendship  which 
had  produced  them,  inattentive  to  those  pains  which  an  approach- 
ing separation  had  excited  in  the  minds  of  the  institutors,  politi- 
cians, who  see  in  every  thing  only  the  dangers  with  which  it 
threatens  civil  society,  in  fine,  the  laboring  people,  who,  shielded 
by  equal  laws,  had  never  seen  any  difference  between  man  and 
man,  but  had  read  of  terrible  oppressions,  which  people  of  their 
descripfion  experience  in  other  countries,  from  those  who  are  dis- 
tinguished by  titles  and  badges,  began  to  be  alarmed  at  this  new 
institution.  A  remarkable  silence,  however,  was  observed.  Their 
solicitudes  were  long  confined  within  the  circles  of  private  conver- 
sation. At  length,  however,  a  Mr.  Burke,  Chief  Justice  of  South 
Carolina,  broke  that  silence.  He  wrote  against  the  new  institution, 
VOL.  I.  53 


418 

foreboding  its  dangers,  very  imperfectly  indeed,  because  hie  had 
nothing  but  his  imagination  to  aid  him.  An  American  could  do  no 
more ;  for  to  detail  the  real  evils  of  aristocracy,  they  must  be  seen 
in  Europe.  Burke's  fears  were  thought  exaggerations  in  Ame- 
rica ;  while  in  Europe,  it  is  known  that  even  Mirabeau  has  but 
faintly  sketched  the  curses  of  hereditary  aristocracy,  as  they  are 
experienced  here,  and  as  they  would  have  followed  in  America, 
nad  this  institution  remained.  The  epigraph  of  Burke's  pamphlet, 
was,  '  Blow  ye  the  trumpet  in  Zion.'  Its  effect  corresponded  with 
its  epigraph.  This  institution  became,  first,  the  subject  of  general 
conversation.  Next,  it  was  made  the  subject  of^ deliberation  in 
the  legislative  Assemblies  of  some  of  the  States.  The  Governor 
of  South  Carolina  censured  it,  in  an  address  to  the  Assembly  of 
that  State.  The  Assemblies  of  Massachusetts,  Rhode  Island  and 
Pennsylvania  condemned  its  principles.  No  circumstance,  in- 
deed, brought  the  consideration  of  it  expressly  before  Congress; 
yet  it  had  sunk  deep  into  their  minds.  An  offer  having  been 
made  to  them,  on  the  part  of  the  Polish  order  of  Divine  Provi- 
dence, to  receive  some  of  their  distinguished  citizens  into  that 
order,  they  made  that  an  occasion  to  declare,  that  these  distinctions 
were  contrary  to  the  principles  of  their  Confederation. 

The  uneasiness  excited  by  this  institution,  had  very  early  caught 
the  notice  of  General  Washington.  Still  recollecting  all  the  purity 
of  the  motives  which  gave  it  birth,  he  became  sensible  that  it  might 
produce  political  evils,  which  the  warmth  of  those  motives  had 
masked.  Add  to  this,  that  it  was  disapproved  by  the  mass  of 
citizens  of  the  Union.  This,  alone,  was  reason  strong  enough,  in 
a  country  where  the  will  of  the  majority  is  the  law,  and  ought  to 
be  the  law.  ^e  saw  that  the  objects  of  the  institution  were  too 
light;  to  be  opposed  to  considerations  as  serious  as  these ;  and  that 
it  was  become  necessary  to  annihilate  it  absolutely.  On  this, 
therefore,  he  was  decided.  The  first  annual  meeting  at  Philadel- 
phia, was  now  at  hand ;  he  went  to  that,  determined  to  exert  all 
his  influence  for  its  suppression.  He  proposed  it  to  his  fellow  offi- 
cers, and  urged  it  with  all  his  powers.  It  met  an  opposition  which 
was  observed  to  cloud  his  face  whh  an  anxiety,  that  the  most  dis- 
tressful scenes  of  the  war  had  scarcely  ever  produced.  It  was 
canvassed  for  several  days,  and,  at  lengtli,  it  was  no  more  a  doubt, 
what  would  be  its  ultimate  fate.  The  order  was  on  the  point  of 
receiving  its  annihilation,  by  the  vote  of  a  great  majority  of  its  mem- 
bers. In  this  moment,  their  envoy  arrived  from  France,  charged 
with  letters  from  the  French  officers,  accepting  with  cordiality  the 
proposed  badges  of  union,  with  solicitations  from  -others  to  be  re- 
ceived into  the  order,  and  with  notice  that  their  respectable  Sove- 


419 

reign  had  been  pleased  to  recognise  it,  and  to  permit  his  officers 
to  wear  its  badges.  The  prospect  was  now  changed.  The  ques- 
tion assumed  a  new  form.  After  the  offer  made  by  them,  and 
accepted  by  their  friends,  in  what  words  could  they  clothe  a  propo- 
sition to  retract  it,  which  would  not  cover  themselves  with  the  re- 
proaches of  levity  and  ingratitude?  which  would  not  appear  an 
insult  to  those  whom  they  loved?  Federal  principles,  popular  dis- 
content, were  considerations  whose  weight  was  known  and  felt  by 
themselves.  But  would  foreigners  know  and  feel  them  equally? 
Would  they  so  far  acknowledge  their  cogency,  as  to  permit  without 
any  indignation,  the  eagle  and  ribbon  to  be  torn  from  their  breasts, 
by  the  very  hands  which  had  placed  them  there  ?  The  idea  re- 
volted the  whole  society.  .They  found  it  necessary,  then,  to  pre- 
serve so  much  of  their  institution  as  might  continue  to  support  this 
foreign  branch,  while  they  should  prune  off  every  other,  which 
would  give  offence  to  their  fellow  citizens :  thus  sacrificing,  on  each 
hand,  to  their  friends  and  to  their  country. 

The  society  was  to  retain  its  existence,  its  name,  its  meetings, 
and  its  charitable  funds :  but  these  last  were  to  be  deposited  with 
their  respective  legislatures.  The  order  was  to  be  no  longer  he- 
reditary; a  reformation,  which  had  been  pressed  even  from  this 
side  the  Adantic ;  it  was  to  be  communicated  to  no  new  mem- 
bers ;  the  general  meetings,  instead  of  annual,  were  to  be  triennial 
only.  The  eagle  and  ribbon,  indeed,  were  retained;  because 
ihey  were  worn,  and  they  wished  them  to  be  worn,  by  their  friends 
who  were  in  a  country  where  they  would  not  be  objects  of 
offence;  but  themselves  never  wore  them.  They  laid  them  up  in 
their  bureaus,  with  the  medals  of  American  Independence,  with 
those  of  the  trophies  they  had  taken,  and  the  battles  they  had 
won.  But  through  all  the  United  States,  no  officer  is  seen  to 
offend  the  public  eye,  with  the  display  of  this  badge.  These 
changes  have  tranquillized  the  American  States.  Their  citizens 
feel  too  much  interest  in  the  reputation  of  their  officers,  and  value 
too  much,  whatever  may  serve  to  recal  to  the  memory  of  their 
allies,  the  moments  wherein  they  formed  but  one  people,  not  to  do 
justice  to  the  circumstance  which  prevented  a  total  annihilation  of 
the  order.  Though  they  are  obliged  by  a  prudent  foresight,  to 
keep  out  every  thing  from  among  themselves,  which  might  pretend 
to  divide  them  into  orders,  and  to  degrade  one  description  of  men 
below  another,  yet  they  hear  with  pleasure,  that  their  billies,  whom 
circumstances  have  already  placed  under  these  distinctions,  are 
willing  to  consider  it  as  one,  to  have  aided  them  in  the  establish- 
ment of  their  liberties,  and  to  wear  a  badge  which  may  recal 
them  to  their  remembrance ;  and  it  would  be  an  extreme  affliction 


420 

to -them,  if  the  domestic  reformation  which  has  been  found  neces- 
sary, if  the  censures  of  individual  writers,  or  if  any  other  circum- 
stance, should  discourage  the  wearing  their  badge,  or  lessen  its 
reputation. 

This  short,  but  true  history  of  the  order  of  the  Cincinnati, 
taken  from  the  mduths  of  persons  on  the  spot,  who  were  privy  to 
its  origin  and  progress,  and  who  know  its  present  state,  is  the  best 
apology  which  can  be  made  for  an  institution,  which  appeared  to 
be,  and  was  really,  so  heterogeneous  to  the  governments  in  which 
it  was  erected. 

It  should  be  further  considered,  that,  in  America,  no  other  dis- 
tinction between  man  and  man,  had  ever  been  known,  but  that  of 
persons  in  office,  exercising  powers  by  authority  of  the  laws,  and 
private  individuals.  Among  these  last,  the  poorest  laborer  stood 
on  equal  ground  with  the  wealthiest  miilionary,  and  generally,  on 
a  more  favored  one,  whenever  their  rights  seemed  to  jar.  It  has 
been  seen  that  a  shoemaker,  or  other  artisan,  removed  by  the 
voice  of  his  country  from  his  work  bench,  into  a  chair  of  office, 
has  instantly  commanded  all  the  respect  and  obedience,  which  the 
laws  ascribe  to  his  office.  But,  of  distinctions  by  birth  or  badge, 
they  had  no  more  idea  than  they  had  of  the  mode  of  existence  in 
tlie  moon  or  planets.  They  had  heard  .only  that  there  were  such, 
and  knew  that  they  must  be  wrong.  A  due  horror  of  the  evils 
which  flow  from  these  distinctions,  could  be  excited  in'  Europe 
only,  where  the'  dignity  of  man  is  lost  in  arbitrary  distinctions, 
where  the  human  species  is  classed  into  several  stages  of  degrada- 
tion, where  the  many  are  crouched  under  the  weight  of  the  few, 
and  where  the  order  established,  can  present  to  tlie  contemplation 
of  a  thinking  being,  no  other  picture,  than  that  of  God  Almighty 
and  his  angels,  trampling  under  foot  the  host  of  the  damned.  No 
wonder,  then,  that  the  institution  of  the  Cincinnati  should  be  inno- 
cently conceived  by  one  order  of  American  citizens,  should  raise 
in  the  other  orders,  only  a  slow,  temperate,  and  rational  opposi- 
tion, and  should  be  viewed  in  Europe  as  a  detestable  parricide. 

The  second  and  third  branches  of  this  subject,  no  body  can 
better  execute  than  M.  de  Meusnier.  Perhaps,  it  may  be  curious 
to  him  to  see  how  they  strike  an  American  mind  at  present.  He 
shall,  therefore,  have  the  ideas  of  one,  who  was  an  enemy  to  the 
institution  from  the  first  moment  of  its  conception,  but  who  was 
always  sensible,  that  the  officers  neither  foresaw  nor  intended  the 
injury  they  were  doing  to  their  country. 

As  to  the  question,  then,  whether  any  evil  can  proceed  from  the 
institution,  as  it  stands  at  present,  I  am  of  opinion  there  may.  1. 
From  the  meetings.     These  will  keep  the  officers  formed  into  a 


421 

body ;  will  continue  a  distinction  between  the  civil  and  military,  which, 
it  would  be  for  the  good  of  the  whole  to  obliterate,  as  soon  as  pos- 
sible ;  and  military  assemblies  will  not  only  keep  alive  the  jea- 
lousies and  fears  of  the  civil  government,  but  give  ground  for 
these  fears  and  jealousies.  For  when  men  meet  together,  they 
will  make  business,  if  they  have  none;  they  will  collate  their 
grievances,  some  real,  some  imaginary,  all  highly  painted ;  they 
will  communicate  to  each  other  the  sparks  of  discontent ;  and  these 
may  engender  a  flame,  which  will  consume  their  particular,  as  well 
as  the  general  happiness.  2.  The  charitable  part  of  the  institu- 
tion is  still  more  likely  to  do  mischief,  as  it  perpetuates  the  dan- 
gers apprehended  in  the  preceding  clause.  For  here  is  a  fund 
provided,  of  permanent  existence.  To  whom  \W11  it  belong?  To 
the  descendants  of  American  officers,  of  a  certain  description. 
These  descendants,  then,  will  form  a  body,  having  a  sufficient  in- 
terest to  keep  up  an  attention  to  their  description,  to  continue 
meetings,  and  perhaps,  in  some  moment,  when  the  political  eye 
shall  be  slumbering,  or  the  firmness  of  their  fellow  citizens  relax- 
ed, to  replace  the  insignia  of  the  order,  and  revive  all  its  preten- 
sions. What  good  can  the  officers  propose,  which  may  weigh 
against  these  possible  evils  ?  The  securing  their  descendants 
against  want  ?  Why  afraid  to  trust  them  to  the  same  fertile  soil, 
and  the  same  genial  climate,  which  will  secure  from  want  the  de- 
scendants of  their  other  fellow  citizens  ?  Are  they  afraid  they  will 
be  reduced  to  labor  the  earth  for  their  sustenance  ?  They  will  be 
rendered  thereby  both  more,  honest  arid  happy.  An  industrious 
farmer  occupies  a  more  dignified  place  in  the  scale  of  beings, 
whether  moral  or  political,  than  a  lazy  lounger,  valuing  himself  on 
his  family,  too  proud  to  work,  and  drawing  out  a  miserable  exist- 
ence, by  eating  on  that  surplus  of  other  men's  labor,  which  is  the 
sacred  fund  of  the  helpless  poor.  A  pitiful  annuity  will  only  pre- 
vent them  from  exerting  that  industry  and  those  talents,  which 
would  soon  lead  them  to  better  fortune. 

How  are  these  evils  to  be  prevented  ?  1 .  At  their  first  gene- 
ral meeting,  let  them  distribute  the  funds  on  hand  to  the  existing 
objects  of  their  destination,  and  discontinue  all  further  contribu- 
tions. 2.  Let  them  declare,  at  the  same  time,  that  their  meet- 
ings, general  and  particular,  shall  thenceforth  cease.  3.  Let  them 
melt  up  their  eagles,  and  add  the  mass  to  the  distributable  fund, 
that  their  descendants  may  have  no  temptation  to  hang  them  in 
their  button  holes. 

These  reflections  are  not  proposed  as  worthy  the  notice  of  M. 
de  Meusnier.  He  will  be  so  good  as  to  treat  the  subject  in  his 
own  way,  and  no  body  has  a  better.     T  will  only  pray  him  to  avail 


422 

us  of  his  forcible  manner,  to  evince  that  there  is  evil  to  be  appre- 
hended, even  from  the  ashes  of  this  institution,  and  to  exhort  tlie 
society  in  America  to  make  their  reformation  complete;  bearing 
in  mind,  that  we  must  keep  the  passions  of  men  on  our  side,  even 
vs^hen  we  are  persuading  them  to  do  what  they  ought  to  do. 

Page  268.  '  Et  en  effet  la  population,'  &ic.  Page  270.  *  Plus 
de  confiance.'  i 

To  this,  we  answer,  that  no  such  census  of  the  numbers  was 
ever  given  out  by  Congress,  nor  ever  presented  to  them  :  and 
further,  that  Congress  never  have,  at  any  time,  declared  by  their 
vote,  the  number  of  inhabitants  in  their  respective  States.  On  the 
22nd  of  June,  1775,  they  first  resolved  to  emit  paper  money. 
The  sum  resolved  on,  was  two  millions  of  dollars.  They  declared, 
then,  that  the  twelve  confederate  colonies  (for  Georgia  had  not  yet 
joined  them)  should  be  pledged  for  the  redemption  of  these  bills. 
To  ascertain  in  what  proportion  each  State  should  be  bound,  the 
members  from  each  were  desired  to  say,  as  nearly  as  they  could, 
what  was  the  number  of  the  inhabitants  of  their  respective  States. 
They  were  very  much  unprepared  for  such  a  declaration.  They 
guessed,  however,  as  well  as  they  could.  The  following  are  the 
numbers,  as  they  conjectured  them,  and  the  consequent  appor- 
tionment of  the  two  millions  of  dollars. 


Inhabitants. 

Dollars. 

New  Hampshire, 

100.000 

82.713 

Massachusetts, 

350.000 

289.496 

Rhode  Island, 

58.000 

47.973 

Connecticut, 

200.000 

165.426 

New  York, 

200.000 

165.426 

New  Jersey, 

130.000 

107.527 

Pennsylvania, 

300.000 

248.139 

Delaware, 

30.000 

24.813 

Maryland, 

250.000 

206.783 

Virginia, 

400.000 

330.852 

North  Carolina, 

200.000 

165.426 

South  Carolina, 

200.000 

165.426 

2.418.000      2.000.000 

Georgia,  having  not  yet  acceded  to  the  measures  of  the  other 
States,  was  not  quotaed ;  but  her  numbers  were  generally  estimated 
at  about  thirty  thousand,  and  so  would  have  made  the  whole,  two 
million  four  hundred  and  forty-eight  thousand  persons,  of  every 
condition.     But  it  is  to  be  observed,  that  though  Congress  made 


423 

this  census  the  basis  of  their  apportionment,  yet  they  did  not  even 
give  it  a  place  on  their  journals  ;  much  less,  publish  it  to  the  world 
with  their  sanction.  The  way  it  got  abroad  was  this.  As  the 
members  declared  from  their  seats,  the  number  of  inhabitants 
which  they  conjectured  to  be  in  their  State,  the  secretary  of  Con- 
gress wrote  them  on  a  piece  of  paper,  calculated  the  portion  of  two 
millions  of  dollars,  to  be  paid  by  each,  and  entered  the  sum  only  in 
the  journals.  The  members,  however,  for  their  own  satisfaction, 
and  the  information  of  their  States,  took  copies  of  this  enumera- 
tion, and  sent  them  to  their  States.  From  thence,  they  got  into 
the  public  papers  :  and  when  the  English  news  writers  found  it 
answer  their  purpose,  to  compare  this  with  the  enumeration  of  1783, 
as  their  principle  is  '  to  lie  boldly,  that  they  may  not  be  suspected 
of  lying,'  they  made  it  amount  to  three  millions  one  hundred  and 
thirty-seven  thousand  eight  hundred  and  nine,  and  ascribed  its 
publication  to  Congress  itself. 

In  April,  1785,  Congress  being  to  call  on  the  States,  to  raise  a 
million  and  a  half  of  dollars  annually,  for  twenty-five  years,  it  was 
necessary  to  apportion  this  among  them.  The  States  had  never 
furnished  them  with  their  exact  numbers.  It  was  agreed,  too, 
that  in  this  apportionment,  five  slaves  should  be  counted  as  three 
freemen  only.  The  preparation  of  this  business  was  in  the  hands 
of  a  committee ;  they  applied  to  the  members  for  the  best  informa- 
tion they  could  give  them,  of  the  numbers  of  their  States.  ,  Some 
of  the  States  had  taken  pains  to  discover  their  numbers.  Others 
had  done  nothing  in  that  way,  and,  of  course,  were  now  where 
they  were  in  1775,  when  their  members  were  first  called  on  to 
declare  their  numbers.  Under  these  circumstances,  and  on  the 
principle  of  counting  three  fifths  only  of  the  slaves,  the  committee 
apportioned  the  money  among  the  States,  and  reported  their  work 
to  Congress.  In  this,  they  had  assessed  South  Carolina  as  having 
one  hundred  and  seventy  thousand  inhabitants.  The  delegates 
for  that  State,  however,  prevailed  on  Congress  to  assess  them  on 
the  footing  of  one  hundred  and  fifty  thousand  only,  in  considera- 
tion of  the  state  of  total  devastation,  in  which  the  enemy  had  left 
their  country.  The  difference  was  then  laid  on  the  other  States, 
and  the  following  was  the  result. 


424 


Inhabitants. 

Dollars. 

New  Hampshire, 

82.200 

52.708 

Massachusetts, 

350.000 

224.427 

Rhode  Island, 

50.400 

32.318 

Connecticut, 

206.000 

132.091 

New  York, 

200.000 

128.243 

New  Jersey, 

130.000 

83.358 

Pennsylvania, 

320.000 

205.189 

Delaware, 

35.000 

22.443 

Maryland, 

220.700 

141.517 

Virginia, 

400.000 

256.487 

North  Carolina, 

170.000 

109.006 

South  Carolina, 

150.000 

96.183 

Georgia, 

25.000 

16.030 

2.339.300 

1.500.000 

Still,  however.  Congress  refused  to  give  the  enumeration  the 
sanction  of  a  place  on  their  journals,  because  it  was  not  formed 
on  such  evidence,  as  a  strict  attention  to  accuracy  and  truth  re- 
quired. They  used  it  from  necessity,  because  they  could  get  no 
better  rule,  and  they  entered  on  their  journals  only  the  apportion- 
ment of  money.  The  members,  however,  as  before,  took  copies 
of  the  enumeration,  which  was  the  ground  work  of  the  apportion- 
ment,'sent  them  to  their  States,  and  thus,  this  second  enumeration 
got  into  the  public  papers,  and  was,  by  the  English,  ascribed  to 
Congress;  as  their  declaration  of  their  present  numbers.  To  get 
at  the  real  numbers  which  this  enumeration  supposes,  we  must  add 
twenty  thousand  to  the  number,  on  which  South  Carolina  was 
quotaed ;  we  must  consider,  that  seven  hundred  thousand  slaves  are 
counted  but  as  four  hundred  and  twenty  thousand  persons,  and 
add,  on  that  account,  two  hundred  and  eighty  thousand.  This  will 
give  us  a  total  of  two  millions  six  hundred  and  thirty-nine  thousand 
three  hundred  inhabitants,  of  every  condition,  in  the  thirteen  States; 
being  two  hundred  and  twenty-one  thousand  three  hundred  more, 
than  the  enumeration  of  1775,  instead  of  seven  hundre'd  and  ninety- 
eight  thousand  five  hundred  and  nine  less,  which  the  English  pa- 
pers asserted  to  be  the  diminution  of  numbers,  in  the  United  States, 
according  to  the  confession  of  Congress  themselves. 
Page  272.  '  Comportera  pent  etre  une  population  de  30,000,000.' 

The  territory  of  the  United  States  contains  about  a  million  of 
square  miles,  English.  There  is,  in  them,  a  greater  proportion  of 
fertile  lands,  than  in  the  British  dominions  in  Europe.  Suppose 
the  territory  of  the  United  States,  then,  to  attain  an  equal  degree 


425 

of  population,  with  the  British  European  dominions ;  they  will  have 
an  hundred  millions  of  inhabitants.  Let  us  extend  our  views,  to 
what  may  be  the  population  of  the  two  continents  of  North  and 
South  America,  supposing  them  divided  at  the  narrowest  part  of 
the  isthmus  of  Panama.  Between  this  line  and  that  of  50°  of 
north  latitude,  the  northern  continent  contains  about  five  millions 
of  square  miles,  and  south  of  this  line  of  division,  the  southern 
continent  contains  about  seven  millions  of  square  miles.  1  do  not 
pass  the  60th  degree  of  northern  latitude,  in  my  reckoning,  be- 
cause we  must  draw  a  line  somewhere,  and,  considering  the  soil 
and  climate  beyond  that,  I  would  only  avail  my  calculation  of  it, 
as  a  make  weight,  to  make  good  what  the  colder  regions,  within 
that  line,  may  be  supposed  to  fall  short  in  their  future  population. 
Here  are  twelve  millions  of  square  miles,  then,  which,  at  the  rate 
of  population  before  assumed,  will  nourish  twelve  hundred  millions 
of  inhabitants,  a  number  greater  than  the  present  population  of 
thq  whole  globe  is  supposed  to  amount  to.  If  those  who  propose 
medals  for  the  resolution  of  questions,  about  which  nobody  makes 
any  question,  those  who  have  invited  discussion  on  the  pretended 
problem.  Whether  the  discovery  of  America  was  for  the  good  of 
mankind  ?  if  they,  I  say,  would  have  viewed  it  only  as  doubling 
the  numbers  of  mankind,  and,  of  course,  the  quantum  of  existence 
and  happiness,  they  might  have  saved  the  money  and  the  reputa- 
tion which  tlieir  proposition  has  cost  them.  The  present  popula- 
tion of  the  inhabited  parts  of  the  United  States,  is  of  about  ten  to 
the  square  mile ;  and' experience  has  shewn  us,  that  wherever  we 
reach  that,  the  inhabitants  become  uneasy,  as  too  much  compress- 
ed, and  go  off,  in  great  numbers,  to  search  for  vacant  country. 
Within  forty  years,  their  whole  territory  will  be  peopled  at  that 
rate.  We  may  fix  that,  then,  as  the  term,  beyond  which,  the 
people  of  those  States  will  not  be  restrained  within  their  present 
limits;  we  may  fix  that  population,  too,  as  the  limit  which  they 
will  not  exceed,  till  the  whole  of  those  two  continents  are  filled  up 
to  that  mark  ;  that  is  to  say,  till  they  shall  contain  one  hundred  and 
twenty  millions  of  inhabitants.  The  soil  of  the  country,  on  the 
western  side  of  the  Mississippi,  its  climate,  and  its  vicinity  to  the 
United  States,  point  it  out  as  the  first  which  will  receive  popula- 
tion from  that  nest.  The  present  occupiers  will  just  have  force 
enough,  to  repress  and  restrain  the  emigrations,  to  a  certain  degree 
of  consistence.  We  have  seen,  lately,  a  single  person  go,  and  de- 
cide on  a  settlement  in  Kentucky,  many  hundred  miles  from  any 
white  inhabitant,  remove  thither  with  his  family  and  a  few  neigh- 
bors, and  tliough  perpetually  harassed  by  the  Indians,  that  settle- 
ment, in  the  course  of  ten  years,  has  acquired  thirty  thousand  in- 

VOL.  I.  S4 


426 

habitants ;  its  numbers  are  increasing  while  we  are  writing,  and 
the  State,  of  which  it  formerly  made  a  part,  has  offered  it  inde- 
pendence. 

Page 280,  line  five.  *Huit  des  onze  Etats,'  he.  Say,  'there 
were  ten  States  present;  six  voted  unanimously  for  it,  three  against 
it,  and  one  was  divided  :  and  seven  votes  being  requisite  to  decide 
the  proposition  affirmatively,  it  was  lost.  The  voice  of  a  single  indi- 
vidual of  the  State  which  was  divided,  or  of  one  of  those  which 
were  of  the  negative,  would  have  prevented  this  abominable  crime 
from  spreading  itself  over  the  new  country.  Thus  we  see  the 
fate  of  millions  unborn,  hanging  on  the  tongue  of  one  man,  and 
heaven  was  silent  in  that  awful  moment !  But  it  is  to  be  hoped  it 
will  not  always  be  silent,  and  that  the  friends  to  the  rights  of  hu- 
man nature,  will,  in  the  end,  prevail. 

On  the  16th  of  Mar^h,  1785,  it  was  moved  in  Congress,  that 
the  same  proposition  should  be  referred  to  a  committee,  and  it  was 
referred  by  the  votes  of  eight  States  against  three.  We  do  not 
hear  that  any  thing  further,  is  yet  done  on  it.' 

Page  286.  '  L'  autorite  du  Congres  etoit  necessaire.'  The 
substance  of  the  passage  alluded  to,  in  the  journal  of  Congress, 
May  the  26th,  1 784,  is,  '  That  the  authority  of  Congress  to  make 
requisitions  of  troops,  during  peace,  is  questioned ;  that  such  an 
authority  would  be  dangerous,  combined  with  the  acknowledged 
one  of  emitting  or  of  borrowing  money  ;  and  that  a  few  troops  only, 
being  wanted,  to  guard  magazines  and  garrison  the  frontier  posts, 
it  would  be  more  proper,  at  present,  to  recommend  than  to  require.' 


Mr.  Jefferson  presents  his  compliments  to  M.  de  Meusnier,  and 
sends  him  copies  of  the  thirteenth,  twenty-third,  and  twenty-fourth 
articles  of  the  treaty  between  the  King  of  Prussia  and  the  United 
States. 

If  M.  de  Meusnier  proposes  to  mention  the  facts  of  cruelty,  of 
which  he  and  Mr.  Jefferson  spoke  yester^Sy,  the  twenty-fourth 
article  will  introduce  them  properly,  because  they  produced  a 
sense  of  the  necessity  of  that  article.  These  facts  are,  1.  The 
death  of  upwards  of  eleven  thousand  American  prisoners,  in  one 
prison  ship  (the  Jersey,)  and  in  the  space  of  three  years.  2. 
General  Howe's  permitting  our  prisoners,  taken  at  the  batde  of 
Germantown,  and  placed  under  a  guard,  in  the  yard  of  the  State- 
house  of  Philadelphia,  to  be  so  long  without  any  food  furnished 
them,  that  many  perished  with  hunger.  Where  the  bodies  laid,  it 
was  seen  that  they  had  eaten  all  the  grass  around  them,  within 


427 

their  reach,  after  they  had  lost  the  power  of  rising,  or  moving 
from  their  place.  3.  The  second  fact  was  the  act  of  a  com- 
manding officer :  the  first,  of  several  commanding  officers,  and,  for 
so  long  a  time,  as  must  suppose  the  approbation  of  government. 
But  the  following  was  the  act  of  government  itself.  During  the 
periods  that  our  affairs  seemed  unfavorable,  and  theirs  successful, 
that  is  to  say,  after  the  evacuation  of  New  York,  and,  again,  after 
the  taking  of  Charleston,  in  South  Carolina,  they  regularly  sent 
our  prisoners,  taken  on  the  seas  and  carried  to  England,  to  the 
East  Indies.  This  is  so  certain,  that  in  the  month  of  November 
or  December,  1785,  Mr.  Adams  having  officially  demanded  a  de- 
livery of  the  American  prisoners  sent  to  the  East  Indies,  Lord 
Caermarthen  answered,  officially,  '  that  orders  were  immediately 
issued  for  their  discharge.'  M.  de  Meusnier  is  at  liberty  to  quote 
this  fact.  4.  A  fact,  to  be  ascribed  not  only  to  the  government, 
but  to  the  parliament,  who  passed  an  act  for  that  purpose,  in  the 
beginning  of  the  war,  was  the  obliging  our  prisoners,  taken  at  sea, 
to  join  them,  and  fight  against  their  countrymen.  This  they  ef- 
fected by  starving  and  whipping  them.  The  insult  on  Captain 
Stanhope,  which  happened  at  Boston  last  year,  was  a  consequence 
of  thi«i.  Two  persons,  Dunbar  and  Lowthorp,  whom  Stanhope 
had  treated  in  this  manner,  (having  particularly  inflicted  twenty- 
four  lashes. on  Dunbar)  meeting  him  at  Boston,  attempted  to  beat 
him.  But  the  people  interposed,  and  saved  him.  The  fact  is 
referred  to  in  that  paragraph  of  the  Declaration  of  Independence, 
which  says,  *  He  has  constrained  our  fellow  citizens,  taken  captive 
on  the  high  seas,  to  bear  arms  against  their  country,  to  become  the 
executioners  of  their  friends  and  brethren,  or  to  fall  themselves 
by  their  hands.'  This  was  the  most  afflicting  to  our  prisoners,  of 
all  the  cruelties  exercised  on  them.  The  others  affected  the 
body  only,  but  this  the  mind ;  they  were  haunted  by  the  horror  of 
having,  perhaps,  themselves  shot  the  ball  by  which  a  father  or  a 
brother  fell.  Some  of  them  had  constancy  enough,  to  hold  out 
against  half  allowance  of  food,  and  repeated  whippings.  These 
were  generally  sent  to  England,  and  from  thence  to  the  East  In- 
dies. One  of  them  escaped  from  the  East  Indies,  and  got  back 
to  Paris,  where  he  gave  an  account  of  his  sufferings  to  Mr.  Ad- 
ams, who  happened  to  be  then  at  Paris. 

M.  de  Meusnier,  where  he  mentions  that  the  slave  law  has 
been  passed  in  Virginia,  without  the  clause  of  emancipation,  is 
pleased  to  mention,  tliat  neither  Mr.  Wythe,  nor  Mr.  Jefferson 
was  present,  to  make  the  proposition  they  had  meditated ;  from 
which,  people,  who  do  not  give  themselves  the  trouble  to  reflect  or 
inquire,  might  conclude,  hastily,  that  their  absence  was  the  cause 


428 

why  the  proposition  was  not  made ;  and,  of  course,  that  there  were 
not,  in  the  Assembly,  persons  of  virtue  and  firmness  enough,  to 
propose  the  clause  for  emancipation.  This  supposition  would  not 
be  true.  There  were  persons  there,  who  wanted  neither  the  virtue 
to  propose,  nor  talents  to  enforce  the  proposition,  had  they  seen  that 
the  disposition  of  the  legislature  was  ripe  for  it.  These  worthy 
characters  would  feel  themselves  wounded,  degraded,  and  dis- 
couraged by  this  idea.  Mr.  Jefferson  would  therefore  be  obliged 
to  M.  de  Meusnier,  to  mention  it  in  some  such  manner  as  this. 
'  Of  the  two  commissioners,  who  had  concerted  the  amendatory 
clause  for  the  gradual  emancipation  of  slaves,  Mr.  Wythe  could 
not  be  present,  he  being  a  member  of  the  judiciary  department, 
and  Mr.  Jefferson  was  absent  on  the  legation  to  France.  But 
there  were  not  wanting  in  that  Assembly,  men  of  virtue  enough 
to  propose,  and  talents  to  vindicate  this  clause.  But  they  saw,  that 
the  moment  of  doing  it  with  success,  was  not  yet  arrived,  and  that 
an  unsuccessful  effort,  as  too  often  happens,  would  only  rivet  sdll 
closer  the  chains  of  bondage,  and  retard  the  moment  of  delivery 
to  this  oppressed  description  of  men.  What  a  stupendous,  what 
an  incomprehensible  machine  is  man !  who  can  endure  toil,  famine, 
stripes,  imprisonment,  and  death  itself,  in  vindication  of  hjs  own 
liberty,  and,  the  next  moment,  be  deaf  to  all  those  motives  whose 
power  supported  him  through  his  trial,  and  inflict  on  his  fellow  men 
a  bondage,  one  hour  of  which  is  fraught  with  more  misery,  than 
ages  of  that  which  he  rose  in  rebellion  to  oppose.  But  we  must 
await,  with  patience,  the  workings  of  an  overruling  Providence,  and 
hope  that  that  is  preparing  the  deliverance  of  these,  our  suffering 
brethren.  When  the  measure  of  their  tears  shall  be  full,  when 
their  groans  shall  have  involved  heaven  itself  in  darkness,  doubt- 
less, a  God  of  justice  will  awaken  to  their  distress,  and  by  diffusing 
light  and  liberality  among  their  oppressors,  or,  at  length,  by  his 
exterminating  thunder,  m-anifest  his  attention  to  the  things  of  this 
world,  and  that  they  are  not  left  to  the  guidance  of  a  blind  fa- 
tality.' 

[The  following  are  the  articles  of  the  treaty  with  Prussia,  re- 
ferred to  in  the  preceding  observations.] 

Article  13.  And  in  the  same  case,  of  one  of  the  contracting 
parties  being  engaged  in  war  with  any  other  power,  to  prevent  all 
the  difficulties  and  misunderstandings,  that  usually  arise  respect- 
ing the  merchandise  heretofore  called  contraband,  such  as  arms, 
ammunition,  and  military  stores  of  every  kind,  no  such  articles, 
carried  in  the  vessels,  or  by  the  subjects  or  citizens  of  one  of  the 


429 

parties,  to  the  enemies  of  the  other,  shall  be  deemed  contraband, 
so  as  to  induce  confiscation  or  condemnation,  and  a  loss  of  pro- 
perty to  individuals.  Nevertheless,  it  shall  be  lawful  to  stop  such 
vessels  and  articles,  and  to  detain  them  for  such  length  of  time,  as 
the  captors  may  think  necessary  to  prevent  the  inconvenience  or 
damage  that  might  ensue  from  their  proceeding,  paying,  however, 
a  reasonable  compensation  for  the  loss  such  arrest  shall  occasion 
to  the  proprietors  :  and  it  shall  further  be  allowed  to  use,  in  the 
service  of  the  captors,  the  whole  or  any  part  of  the  military  stores 
so  detained,  paying  the  owners  the  full  value  of  the  same,  to  be 
ascertained  by  the  current  price  at  the  place  of  its  destination. 
But  in  the  case  supposed,  of  a  vessel  stopped  for  articles  hereto- 
fore deemed  contraband,  if  the  master  of  the  vessel  stopped,  will 
deliver  out  the  goods  supposed  to  be  of  contraband  nature,  he 
shall  be  admitted  to  do  it,  and  the  vessel  shall  not,  in  that  case, 
be  carried  into  any  port,  nor  further  detained,  but  shall  be  allow- 
ed to  proceed  on  her  voyage. 

Article  23.  If  war  should  arise  between  the  tv/o  contracting 
parties,  the  merchants  of  either  country,  then  residing  in  the  other, 
shall  be  allowed  to  remain  nine  months  to  collect  their  debts,  and 
settle  their  affairs,  and  may  depart  freely,  carrying  off  all  their  ef- 
fects, without  molestation  or  hindrance  :  and  all  women  and  chil- 
dren, scholars  of  every  faculty,  cultivators  of  the  earth,  artizans, 
manufacturers  and  fishermen,  unarmed,  and  inhabiting  unfortified 
towns,  villages,  or  places,  and,  in  general,  all  others  whose  occu- 
pations are  for  tlie  common  subsistence  and  benefit  of  mankind, 
shall  be  allowed  to  continue  their  respective  employments,  and 
shall  not  be  molested  in  their  persons,  nor  shall  their  houses  be 
burned  or  otherwise  destroyed,  nor  their  fields  wasted  by  the 
armed  force  of  the  enemy,  into  whose  power,  by  the  events  of 
war,  they  may  happen  to  fall :  but  if  any  thing  is  necessary  to  be 
taken  from  them,  for  the  use  of  such  armed  force,  the  same  shall 
be  paid  for  at  a  reasonable  price.  And  all  merchant  and  trading 
vessels,  employed  in  exchanging  the  products  of  different  places, 
and  thereby  rendering  the  necessaries,  conveniences  and  comforts 
of  human  life  more  easy  to  be  obtained,  and  more  genera],  shall 
be  allowed  to  pass  free  and  unmolested.  And  neither  of  the  con- 
tracting parties  shall  grant,  or  issue  any  commission  to  any  private 
armed  vessels,  empowering  them  to  take  or  destroy  such  trading 
vessels,  or  interrupt  such  commerce. 

Article  24.  And  to  prevent  the  destruction  of  prisoners  of  war, 
by  sending  them  into  distant  and  inclement  countries,  or  by 
crowding  them  into  close  and  noxious  places,  the  two  contracting 
parties  solemnly  pledge  themselves  to  each  other  and  the  world, 


430 

that  they  will  not  adopt  any  such  practice  :  that  neither  will  send 
the  prisoners  whom  they  may  take  from  the  other,  into  the  East 
Indies  or  any  other  parts  of  Asia  or  Africa  :  but  that  they  shall  be 
placed  in  some  part  of  their  dominions  in  Europe  or  America,  in 
wholesome  situations,  that  they  shall  not  be  confined  in  dungeons, 
prison  ships,  nor  prisons,  nor  be  put  into  irons,  nor  bound,  nor 
otherwise  restrained  in  tlie  use  of  their  limbs.  That  the  officers 
shall  be  enlarged,  on  their  paroles,  within  convenient  districts,  and 
have  comfortable  quarters,  and  the  common  men  be  disposed  in 
cantonments,  open  and  extensive  enough  for  air  and  exercise,  and 
lodged  in  barracks  as  roomy  and  good,  as  are  provided  by  the 
party,  in  whose  power  they  are,  for  their  own  troops ;  that  the 
officers  shall  be  daily  furnished  by  the  party,  in  whose  power  they 
are,  with  as  many  rations,  and  of  the  same  articles  and  quality,  as 
are  allowed  by  them,  either  in  kind  or  by  commutation,  to  officers 
of  equal  rank  in  their  own  army;  and  all  others  shall  be  daily  fur- 
nished by  them,  with  such  rations  as  they  allow  to  a  Common  sol- 
dier in  their  own  service  ;  the  value  whereof  shall  be  paid  by  the 
other  party,  on  a  mutual  adjustment  of  accounts  for  the  subsist- 
ence of  prisoners,  at  the  close  of  the  war  :  and  the  said  accounts 
shall  not  be  mingled  with,  or  set  off  against  any  others,  nor  the 
balances  due  on  them,  be  withheld  as  a  satisfaction  or  reprisal  for 
any  other  article,  or  for  any  other  cause,  real  or  pretended,  what- 
ever. That  each  party  shall  be  allowed  to  keep  a  commissary  of 
prisoners,  of  their  own  appointment,  with  every  separate  canton- 
ment of  prisoners  in  possession  of  the  other,  which  commissary 
shall  see  the  prisoners  as  often  as  he  pleases,  shall  be  allowed  to  re- 
ceive and  distribute  whatever  comforts  may  be  sent  to  them  by 
their  friends,  and  shall  be  free  to  make  his  reports,  in  open  letters, 
to  those  who  employ  him.  But  if  any  officer  shall  break  his  pa- 
role, or  any  other  prisoners  shall  escape  from  the  limits  of  his  earn 
tonment,  after  they  shall  have  been  designated  to  him,  such  indi- 
vidual officer,  or  other  prisoner,  shall  forfeit  so  much  of  the  benefit 
of  this  article,  as  provides  for  his  enlargement  on  parole  or  can- 
tonment. And  it  is  declared,  that  neither  the  pretence  that  war 
dissolves  all  treaties,  nor  Efny  other  whatever,  shall  be  considered 
as  annulling  or  suspending  this,  or  the  next  preceding  article,  but, 
on  the  contrary,  that  the  state  of  war  is  precisely  that  for  which 
they  are  provided,  and  during  which,  they  are  to  be  as  sacredly 
observed,  as  the  most  acknowledged  articles  in  the  law  of  nature 
and  nations. 


Dear  Sir 


431 

LETTER    CLIl. 

TO    MR.     RITTENHOUSE.  * 

Paris,  January  25,  1786. 


Your  favor  of  September  the  28th5  came  to  hand  a  few  days 
ago.  I  thank  you  for  the  details  on  the  subject  of  the  southern 
and  western  lines.  There  remains  thereon,  one  article,  however, 
which  I  will  still  beg  you  to  inform  me  of;  viz.  how  far  is  the  west- 
ern boundary  beyond  the  meridian  of  Pittsburgh  ?  This  informa- 
tion is  necessary  to  enable  me  to  trace  that  boundary  in  my  map. 
I  shall  be  much  gratified,  also,  with  a  communication  of  your  ob- 
servations on  tlie  curiosities  of  the  western  country.  It  will  not 
be  difi^cult,  to  induce  me  to  give  up  the  theory  of  the  growth  of 
shells,  withoyt  their  being  the  nidus  of  animals.  It  is  only  an 
idea,  and  not  an  opinion  with  me.  In  the  Notes  with  which  I 
troubled  you,  I  had  observed  that  there  were  three  opinions  as  to 
the  origin  of  diese  shells.  1.  That  they  have  been  deposited 
even  in  the  highest  mountains,  by  an  universal  deluge.  2.  That 
they,  with  all  the  calcareous  stones  and  earths,  are  animal  remains. 
3.  That  they  grow  or  shoot  as  chrystals  do.  I  find  that  I  could 
swallow  the  last  opinion,  sooner  than  either  of  the  others ;  but  I 
have  not  yet  swallowed  it.  Anodier  opinion  might  have  been  ad- 
ded, that  some  throe  of  nature  has  forced  up  parts  which  had 
been  the  bed  of  the  ocean.  But  have  we  any  better  proof  of 
such  an  effort  of  nature,  than  of  her  shooting  a  lapidific  juice  into 
the  form  of  a  shell  ?  No  such  convulsion  has  taken  place  in  our 
time,  nor  within  the  annals  of  history:  nor  is  the  distance  greater, 
between  the  shooting  of  the  lapidific  juice  into  the  form  of  a 
chrystal  or  a  diamond,  which  we  see,  and  into  the  form  of  a  shell, 
which  we  do  not  see,  than  between  tlie  forcing  volcanic  matter  a 
little  above  the  surface,  where  it  is  in  fusion,  which  we  see,  and 
the  forcing  the  bed  of  the  sea  fifteen  tliousand  feet  above  the  or- 
dinary surface  of  the  earth,  which  we  do  not  see.  It  is  not  possi- 
ble to  believe  any  of  these  hypotheses  ;  and  if  we  lean  towards  any 
ol  them,  it  should  be  only  till  some  other  is  produced,  more  ana- 
logous to  the  known  operations  of  nature.  In  a  letter  to  Mr.  Hop- 
kinson,  I  mentioned  to  him  that  the  Abbe  Rochon,  who  discover- 
ed the  double  refracting  power  in  some  of  the  natural  chrystals, 
had  lately  made  a  telescope  with  the  metal  called  platina,  which, 
while  it  is  as  susceptible  of  as  perfect  a  polish  as  the  metal  liere- 
tofore  used  for  the  specula  of  telescopes,  is  insusceptible  of  rust, 


432 

as  gold  and  silver  are.  There  is  a  person  here,  who  has  hit  on  a 
new  method  of  engraving.  He  gives  you  an  ink  of  his  composition. 
Write  on  copper  plates,  any  thing  of  which  you  would  wish  to  take 
several  copies,  and,  in  an  hour,  the  plate  will  be  ready  to  strike 
them  off;  so  of  plans,  engravings,  &z;c.  This  art  will  be  amusing 
to  individuals,  if  he  should  make  it  known.  I  send  you  herewith, 
the  nautical  almanacs  for  1786,  1787,  1788,  1789,  1790,  which 
are  as  late  as  they  are  published.  You  ask,  how  you  may  reim- 
burse the  expense  of  these  trifles?  1  answer,  by  accepting  them; 
as  the  procuring  you  a  gratification,  is  a  higher  one  to  me  than 
money.  We  have  had  nothing  curious  published  lately.  I  do 
not  know  whether  you  are  fond  of  chemical  reading.  There  are 
some  things  in  this  science  worth  reading.  I  will  send  them  to 
you,  if  you  wish  it.  My  daughter  is  well,  and  joins  me  in  respects 
to  Mrs.  Rittenhouse  and  the  young  ladies.  After  asking  when  we 
are  to  have  the  Lunarium,  I  will  close  with  assurances  of  the  sin- 
cere regard  and  esteem,  with  which  I  am.  Dear  Sir, 
your  most  obedient 

humble  servant, 

Th:  Jefferson. 


LETTER    CLIII. 

TO    A.    STEWART. 

Paris,  January  25,  1786. 

Dear  Sir, 
I  have  received  your  favor  of  the  17th  of  October,  which, 
though  you  mention  it  as  the  third  you  have  written  me,  is  the  first 
that  has  come  to  hand.  I  sincerely  thank  you  for  the  commu- 
nications it  contains.  Nothing  is  so  grateful  to  me,  attliis  distance, 
as  details,  both  great  and  small,  of  what  is  passing  in  my  own 
country.  Of  the  latter,  we  receive  little  here,  because  they  either 
escape  my  correspondents,  or  are  thought  unworthy  of  notice. 
This,  however,  is  a  very  mistaken  opinion,  as  every  one  may  ob- 
serve, by  recollecting,  that  when  he  has  been  long  absent  from  his 
neighborhood,  the  small  news  of  that  is  the  most  pleasing,  and  oc- 
cupies his  first  attention,  either  when  he  meets  with  a  person  from 
thence,  or  returns  thither  himself.  I  still  hope,  therefore,  that  the 
letter,  in  which  you  have  been  so  good  as  to  give  me  the  minute 
occurrences  in  the  neighborhood  of  Monticello,  may  yet  come  to 
hand,  and  I  venture  to  rely  on  the  many  proofs  of  friendship  I 


433 

have  received  from  you,  for  a  continuance  of  your  favors.  This 
will  be  the  more  meritorious,  as  1  have  nothing  to  give  you  in 
exchange. 

The  quiet  of  Europe,  at  this  moment,  furnishes  little  which  can 
attract  your  notice.  Nor  will  that  quiet  be  soon  disturbed,  at 
least  for  the  current  year.  Perhaps,  it  hangs  on  the  life  of  the 
King  of  Prussia,  and  that  hangs  by  a  very  slender  thread.  Ame- 
rican reputation,  in  Europe,  is  not  such  as  to  be  flattering  to  its 
citizens.  Two  circumstances  are  particularly  objected  to  us ;  the 
non-payment  of  our  debts,  and  the  want  of  energy  in  our  govern- 
ment. These  discourage  a  connection  with  us.  I  own  it  to  be 
my  opinion,  that  good  will  arise  from  the  destruction  of  our  cre- 
dit. 1  see  nothing  else  which  can  restrain  our  disposition  to  luxu- 
ry, and  to  the  change  of  those  manners  which  alone  can  preserve 
republican  government.  As  it  is  impossible  to  prevent  credit,- the 
best  way  would  be  to  cure  its  ill  effects,  by  giving  an  instantane- 
ous recovery  to  the  creditor.  This  would  be  reducing  purchases 
on  credit,  to  purchases  for  ready  money.  A  man  would  then  see 
a  prison  painted  on  every  thing  he  wished,  but  had  not  ready 
money  to  pay  for. 

I  fear  from  an  expression  in  your  letter,  that  the  people  of  Ken- 
tucky think  of  separating,  not  only  from  Virginia  (in  which  they 
are  right,)  but  also  from  the  confederacy.  I  own,  I  should  think 
this  a  most  calamitous  event,  and  such  a  one  as  every  good  citi- 
zen should  set  himself  against.  Our  present  federal  limits  are  not 
too  large  for  good  government,  nor  will  the  increase  of  votes  in 
Congress  produce  any  ill  effect.  On  the  contrary,  it  will  drown 
the  little  divisions  at  present  existing  there.  Our  confederacy 
must  be  viewed  as  the  nest,  from  which  all  America,  North  and 
South,  is  to  be  peopled.  We  should  take  care,  too,  not  to  think 
it  for  the  interest  of  that  great  continent,  to  press  too  soon  on  the 
Spaniards.  Those  countries  cannot  be  in  better  hands.  My  fear 
is,  that  they  are  too  feeble  to  hold  them  till  our  population  can  be 
sufficiently  advanced,  to  gain  it  from  them,  piece  by  piece. 
The  navigation  of  the  Mississippi  we  must  have.  This  is  all  we 
are,  as  yet,  ready  to  receive.  I  have  made  acquaintance  with  a 
very  sensible,  candid  gentleman,  here,  who  was  in  South  America 
during  the  revolt  which  took  place  there,  while  our  Revolution 
was  going  on.  He  says,  that  those  disturbances  (of  which  we 
scarcely  heard  any  thing)  cost,  on  both  sides,  an  hundred  thou- 
sand lives. 

I  have  made  a  particular  acquaintance  here,  with  Monsieur  de 
BufFon,  and  have  a  great  desire  to  give  him  the  best  idea  I  can  of 
our  elk.  Perhaps  your  situation  may  enable  you  to  aid  me  in 
VOL.  I.  55 


484 

this.  You  could  not  oblige  me  more,  than  by  sending  me  the  horns, 
skeleton  and  skin  of  an  elk,  were  it  possible  to  procure  them.  The 
mostdesirable  form  of  receiving  tliem,  would  be,  to  have  the  skin 
slit  from  the  under  jaw  along  the  belly  to  the  tail,  and  down  the 
thighs  to  the  knee,  to  take  the  animal  out,  leaving  the  legs  and 
hoofs,  the  bones  of  the  head,  and  the  horns  attached  to  the  skin. 
By  sewing  up  tlie  belly,  he.  and  stuffing  the  skin,  it  would  present 
the  form  of  the  animal.  However,  as  an  opportunity  of  doing  this 
is  scarcely  to  be  expected,  I  shall  be  glad  to  receive  them  detach- 
ed, packed  in  a  box  and  sent  to  Richmond,  to  the  care  of  Dr. 
Currie.  Every  thing  of  this  kind  is  precious  here.  And  to  pre- 
vent my  adding  to  your  trouble,  I  must  close  my  letter,  with  assu- 
rances of  the  esteem  and  attachment,  with  which  I  am.  Dear  Sir, 

your  friend  and  servant, 

Th:  Jefferson. 


LETTER     CLIV. 

TO    THE    COMMISSIONERS    OF    THE    TREASURY. 

Paris,  January  2G,  1780. 

Gentlemen, 
1  have  been  duly  honored  by  the  receipt  of  your  letter,  of  De- 
cember the  6th,  and  am  to  thank  you  for  the  communications  it 
contained,  on  the  state  of  our  funds  and  expectations  here.  Your 
idea,  that  these  communications,  occasionally,  may  be  useful  to 
to  the  United  States,  is  certainly  just,  as  I  am  frequently  obliged 
to  explain  our  prospects  of  paying  interest,  he.  which,  I  should 
better  do,  with  fuller  information.  If  you  would  be  so  good  as  to 
instruct  Mr.  Grand,  always  to  furnish  me  with  a  duplicate  of  those 
cash  accounts  which  he  furnishes  to  you,  from  time  to  time,  and 
if  you  would  be  so  good  as  to  direct  your  secretary,  to  send  me 
copies  of  such  letters,  as  you  transmit  to  Mr.  Grand,  advising  liim 
of  the  remittances  he  may  expect,  from  time  to  time,  I  should, 
thereby,  be  always  informed  of  the  sum  of  money  on  hand  here, 
and  the  probable  expectations  of  supply.  Dr.  Franklin,  during 
his  residence  here,  having  been  authorised  to  borrow  large  sums 
of  money,  the  disposal  of  that  money  seemed  naturally  to  rest  with 
him.  It  was  Mr.  Grand's  practice,  therefore,  never. to  pay  mo- 
ney, but  on  his  warrant.  On  his  departure,  Mr.  Grand  sent  all 
money  drafts  to  me,  to  authorise  their  payment.  I  informed  him, 
that  this  was  in  nowise  within  my  province,  that  I  was  unqualified 


435 

to  direct  him  in  it,  and  that  were  I  to  presume  to  meddle,  it  would 
be  no  additional  sanction  to  him.  He  refused,  however,  to  pay  a 
shilling  without  my  order.  I  have  been  obliged,  therefore,  to  a 
nugatory  interference,  merely  to  prevent  the  affairs  of  the  United 
States  from  standing  still.  I  need  not  represent  to  you  the  impro- 
priety of  my  continuing  to  direct  Mr.  Grand,  longer  than  till  we 
can  receive  your  orders,  the  mischief  which  might  ensue  from  the 
uncertainty  in  which  this  would  place  you,  as  to  the  extent  to 
which  you  might  venture  to  draw  on  your  funds  here,  and  the  little 
necessity  there  is  for  my  interference.  Whenever  you  order  a 
sum  of  money  into  Mr.  Grand's  hands,  nothing  will  be  more  natural 
than  your  instructing  him  how  to  apply  it,  so  as  that  he  shall  ob- 
serve your  instructions  alone.  Among  these,  you  would  doubtless 
judge  it  necessary  to  give  him  one  standing  instruction,  to  answer 
my  drafts  for  such  sums,  as  my  office  authorises  me  to  call  for. 
These  would  be  salary,  couriers,  postage,  and  such  other  articles 
as  circumstances  will  require,  which  cannot  be  previously  defined. 
These  will  never  be  so  considerable,  as  to  endanger  the  honor  of 
your  drafts ;  I  shall  certainly  exercise  in  them  the  greatest  cau- 
tion, and  stand  responsible  to  Congress. 

Mr.  Grand  conceives  that  he  has  suffered  in  your  opinion,  by 
an  application  of  two  hundred  thousand  livres,  during  the  last  year, 
differently  from  what  the  office  of  finance  had  instructed  him. 
This  was  a  consequence  of  his  being  thought  subject  to  direction 
here,  and  it  is  but  justice  to  relieve  him  from  blame  on  that  ac- 
count, and  to  shew  that  it  ought  to  fall,  if  any  where,  on  Dr. 
Franklin,  Mr.  Adams  and  myself.  The  case  was  thus.  The 
monies  here  were  exhausted,  Mr.  Grand  was  in  advance  about 
fifty  thousand  livres,  and  the  diplomatic  establishments  in  France, 
Spain  and  Holland,  subsisting  on  his  bounties,  which  they  were 
subject  to  see  stopped,  every  moment,  and  feared  a  protest  on 
every  bill.  Other  current  expenses,  too,  were  depending  on  ad- 
vances from  him,  and  though  these  were  small  in  their  amount, 
they  sometimes  involved  great  consequences.  In  this  situation,  he 
received  four  hundred  thousand  livres,  to  be  paid  to  this  govern- 
ment for  one  year's  interest.  We  thought  the  honor  of  tlie  United 
States,  would  suffer  less  by  suspending  half  the  payment  to  this 
government,  replacing  Mr.  Grand's  advances,  and  providing  a  fund 
for  current  expenses.  We  advised  him  so  to  do.  I  still  think  it 
was  for  the  best,  and  I  believe  my  colleagues  have  continued  to 
see  the  matter  in  the  same  point  of  view.  We  may  have  been 
biassed  by  feelings  excited  by  our  own  distressing  situation.  But 
certainly,  as  to  Mr.  Grand,  no  blame  belongs  to  him.  We  ex- 
plained this  matter  in  a  letter  to  Congress,  at  the  time,  and  justice 


436 


requires  this  explanation  to  you,  as  I  conjecture  that  the  former 
one  has  not  come  to  your  knowledge. 

The  two  hundred  thousand  livres  retained,  as  before  mentioned, 
have  been  applied  to  the  purposes  described,  to  the  payment  of  a 
year's  interest  to  the  French  officers,  (which  is  about  forty-two 
thousand  livres)  and  other  current  expenses,  which,  doubtless,  Mr. 
Grand  has  explained  to  you.  About  a  week  ago,  there  remained 
in  his  hands  but  about  twelve  thousand  livres.  In  this  situation, 
tlie  demands  of  the  French  officers  for  a  second  year's  interest, 
were  presented.  But  Mr.  Grand  observed  there  were  neither  mo- 
ney nor  orders  for  them.  The  payment  of  these  gentlemen,  the 
last  year,  had  the  happiest  effect  imaginable.  It  procured  so  many 
advocates  for  the  credit  and  honor  of  the  United  States,  who  were 
heard  in  all  companies.  It  corrected  the  idea  that  we  were  un- 
willing to  pay  our  debts.  I  fear  that  our  present  failure  towards 
them,  will  give  new  birth  to  new  imputations,  and  a  relapse  of 
credit.  Under  this  fear,  I  have  written  to  Mr.  Adams,  to  know 
whether  he  can  have  this  money  supplied  from  the  funds  in  Hol- 
land ;  though  I  have  little  hope  from  that  quarter,  because  he  had 
before  informed  me,  that  those  funds  would  be  exhausted  by  the 
spring  of  the  present  year,  and  I  doubt,  too,  whether  he  would 
venture  to  order  these  payments,  without  authority  from  you.  I 
have  thought  it  my  duty  to  state  these  matters  to  you. 

I  have  had  the  honor  of  enclosing  to  Mr.  Jay,  Commodore 
Jones's  receipts  for  one  hundred  and  eighty  one  thousand  and 
thirty-nine  livres,  one  sol  and  ten  denier s,  prize  money,  which 
(after  deducting  his  own  proportion)  he  is  to  remit  to  you,  for  the 
officers  and  soldiers  who  were  under  his  command.  I  take  the 
liberty  of  suggesting,  whether  the  expense  and  risk  of  double  re- 
mittances might  not  be  saved,  by  ordering  it  into  the  hands  of  Mr. 
Grand,  immediately,  for  the  purposes  of  the  treasury  in  Europe, 
while  you  could  make  provision  at  home  for  the  officers  and  sol- 
diers, whose  demands  will  come  in  so  slowly,  as  to  leave  you  the 
use  of  a  great  proportion  of  this  money,  for  a  considerable  time, 
and  some  of  it  for  ever.  We  could  then,  immediately,  quiet  the 
French  officers. 

I  have  tlie  honor  to  be,  with  the  most  perfect  respect  and  es- 
teem, Gentlemen, 

your  most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


437 

LETTER   CLV. 

TO    MESSRS.    BUCHANAN    AND    HAY. 

Paris,  January  26,  1786. 

Gentlemen, 
I  had  the  honor  of  writing  to  you,  on  the  receipt  of  your  orders 
to  procure  draughts  for  the  public  buildings,  and  again,  on  the  13th 
of  August.  In  the  execution  of  these  orders,  two  methods  of 
proceeding  presented  themselves  to  my  mind.  The  one  was,  to 
leave  to  some  architect  to  draw  an  external  according  to  his  fancy, 
in  which  way,  experience  shews,  that,  about  once  in  a  thousand 
times,  a  pleasing  form  is  hit  upon ;  the  other  was,  to  take  some 
model  already  devised,  and  approved  by  the  general  suiFrage  of 
the  world.  I  had  no  hesitation  in  deciding  that  the  latter  was  best, 
nor  after  the  decision,  was  there  any  doubt  what  model  to  take. 
There  is  at  Nismes,  in  the  south  of  France,  a  building  called  the 
Maison  quarree,  erected  in  the  time  of  the  Caesars,  and  which  is 
allowed,  without  contradiction,  to  be  the  most  perfect  and  precious 
remain  of  antiquity  in  existence.  Its  superiority  over  any  thing 
at  Rome,  in  Greece,  at  Balbec  or  Palmyra,  is  allowed  on  all 
hands;  and  this  single  object  has  placed  Nismes  in  the  general 
tour  of  travellers.  Having  not  yet  had  leisure  to  visit  it,  I  could 
only  judge  of  it  from  drawings,  and  from  the  relation  of  numbers 
who  had  been  to  see  it.  I  determined,  therefore,  to  adopt  this 
model,  and  to  have  all  its  proportions  justly  observed.  As  it  was 
impossible  for  a  foreign  artist  to  know,  what  number  and  sizes  of 
apartments  would  suit  the  different  corps  of  our  government,  nor 
how  they  should  be  connected  with  one  another,  I  undertook  to 
form  that  arrangement,  and  this  being  done,  I  committed  them  to 
an  architect  (Monsieur  Clerissault)  who  had  studied  this  art 
twenty  years  in  Rome,  who  had  particularly  studied  and  measured 
the  Maison  quarree  of  Nismes,  and  had  published  a  book  con- 
taining most  excellent  plans,  descriptions,  and  observations  on  it. 
He  was  too  well  acquainted  with  the  merit  of  that  building,  to  find 
himself  restrained  by  my  injunctions  not  to  depart  from  his  model. 
In  one  instance,  only,  he  persuaded  me  to  admit  of  this.  That 
was,  to  make  the  portico  two  columns  deep  only,  instead  of  three, 
as  the  original  is.  His  reason  was,  that  this  latter  depth  would 
too  much  darken  the  apartments.  Economy  might  be  added,  as 
a  second  reason.  I  consented  to  it,  to  satisfy  him,  and  the  plans 
are  so  drawn.     I  knew  that  it  would  still  be  easy  to  execute  the 


438 

building  with  a  depth  of  three  columns,  and  it  is  what  I  would 
certainly  recommend.  We  know  that  the  Maison  quarree  has 
pleased,  universally,  for  near  two  thousand  years.  By  leaving  out 
a  column,  the  proportions  will  be  changed,  and  perhaps  the  eiFect 
may  be  injured  more  than  is  expected.  What  is  good,  is  often 
spoiled  by  trying  to  making  it  better. 

The  present  is  the  first  opportunity  which  has  occurred  of 
sending  the  plans.  You  will,  accordingly,  receive  herewith  the 
ground  plan,  the  elevation  of  the  front,  and  the  elevation  of  the 
side.  The  architect  having  been  much  busied,  and  knowing  that 
this  was  all  which  would  be  necessary  in  the  beginning,  has  not 
yet  finished  the  sections  of  the  building.  They  must  go  by  some 
future  occasion,  as  well  as  the  models  of  the  front  and  side,  which 
are  making  in  plaister  of  Paris.  These  were  absolutely  neces- 
sary for  the  guide  of  workmen,  not  very  expert  in  their  art.  It 
will  add  considerably  to  the  expense,  and  I  would  not  have  in- 
curred it,  but  that  I  was  sensible  of  its  necessity.  The  price  of 
tlie  model  will  be  fifteen  guineas.  I  shall  know  in  a  few  days,  the 
cost  of  the  drawings,  which  probably  will  be  the  triple  of  the 
model :  however,  this  is  but  conjecture.  I  will  make  it  as  small 
as  possible,  pay  it,  and  render  you  an  account  in  my  next  letter. 
You  will  find,  on  examination,  that  the  body  of  this  building  covers 
an  area,  but  two  fifths  of  that  which  is  proposed  and  begun ;  of 
course,  it  will  take  but  about  one  half  the  bricks ;  and,  of  course, 
this  circumstance  will  enlist  all  the  workmen,  and  people  of  the 
art  against  the  plan.  Again,  the  building  begun,  is  to  have  four 
porticoes ;  this  but  one.  It  is  true  that  this  will  be  deeper  than  those 
were  probably  proposed,  but  even  if  it  be  made  three  columns 
deep,  it  will  not  take  half  the  number  of  columns.  The  beauty 
of  this  is  insured  by  experience,  and  by  the  suffrage  of  the  whole 
world  :  the  beauty  of  that  is  problematical,  as  is  every  drawing, 
however  well  it  looks  on  paper,  till  it  be  actually  executed : 
and  though  I  suppose  there  is  more  room  in  the  plan  begun,  than 
in  that  now  sent,  yet  there  is  enough  in  this  for  all  the  three 
branches  of  government,  and  more  than  enough  is  not  wanted. 
This  contains  sixteen  rooms  ;  to  wit,  four  on  the  first  floor,  for  the 
General  Court,  Delegates,  lobby,  and  conference.  Eight  on  the 
second  floor,  for  the  Executive,  the  Senate,  and  six  rooms  for 
committees  and  juries:  and  over  four  of  these  smaller  rooms  of 
the  second  floor,  are  four  mezzininos  or  entresols,  serving  as 
offices  for  the  clerks  of  the  Executive,  the  Senate,  the  Delegates, 
and  the  Court  in  actual  session.  It  will  be  an  objection,  that  the 
work  is  begun  on  the  other  plan.  But  the  whole  of  this  need  not 
be  taken  to  pieces,  and  of  what  shall  be  taken  to  pieces,  the  bricks 


-J    439 

will  do  for  inner  work.  Mortar  never  becomes  so  hard  and  ad- 
hesive to  the  bricks,  in  a  few  months,  but  that  it  may  be  easily 
chipped  off.  And  upon  the  whole,  the  plan  now  sent  will  save  a 
great  proportion  of  tlie  expense. 

Hitherto,  I  have  spoken  of  the  capitol  only.  The  plans  for  the 
prison,  also,  accompany  this.  They  will  explain  themselves.  I 
send,  also,  the  plan  of  the  prison  proposed  at  Lyons,  which  was 
sent  me  by  the  architect,  and  to  which  we  are  indebted  for  the 
fundamental  idea  of  ours.  You  will  see,  that  of  a  great  thing  a 
very  small  one  is  made.  Perhaps  you  may  find  it  convenient 
to  build,  at  first,  only  two  sides,  forming  an  L;  but  of  this,  you 
are  the  best  judges.  It  has  been  suggested  to  me,  that  fine  gravel, 
mixed  in  the  mortar,  prevents  the  prisoners  from  cutting  them- 
selves out,  as  that  will  destroy  their  tools.  In  my  letter  of  August 
the  13th,  I  mentioned  that  I  could  send  workmen  from  hence. 
As  I  am  in  hopes  of  receiving  your  orders  precisely,  in  answer  to 
that  letter,  I  shall  defer  actually  engaging  any,  till  I  receive  them. 
In  like  manner,  I  shall  defer  having  plans  drawn  for  a  Governor's 
house,  Sic,  till  further  orders ;  only  assuring  you,  that  the  receiving 
and  executing  these  orders,  will  always  give  me  a  very  great 
pleasure,  and  the  more,  should  I  find  that  what  I  have  done  meets 
you  approbation. 

I  have  the  honor  to  be,  with  sentiments  of  the  most  perfect 
esteem,  gentlemen, 

your  most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


LETTER    CLVI. 
TO    JOHN    ADAMS. 

Paris,  February  7,  1786. 

Dear  Sir, 

I  am  honored  with  yours  of  January  die  19di.  Mine  of  January 
tlie  12di,  had  not,  I  suppose,  at  that  time  got  to  your  hands,  as 
die  receipt  of  it  is  unacknowledged.  I  shall  be  anxious  till  I  re- 
ceive your  answer  to  it. 

I  was  perfectly  satisfied  before  I  received  your  letter,  diat  your 
opinion  had  been  misunderstood  or  misrepresented  in  the  case  of 
the  Chevalier  de  Mezieres.  Your  letter,  however,  will  enable 
me  to  say  so  widi  authority.  It  is  })roper  it  should  be  known,  that 
you  had  not  given  the  opinion  imputed  to  you,  diough,  as  to  the 


440 

main  question,  it  is  become  useless ;  Monsieur  de  Reyneval  having 
assured  me,  that  what  I  had  written  on  that  subject,  had  perfectly 
satisfied  the  Count  de  Vergennes  and  himself,  that  this  case  could 
never  come  under  the  treaty.  To  evince,  still  further,  the  im- 
propriety of  taking  up  subjects  gravely,  on  such  imperfect  informa- 
tion as  this  court  had,  I  have  this  moment  received  a  copy  of  an 
act  of  the  Georgia  Assembly,  placing  the  subjects  of  France,  as 
to  real  estates,  on  the  footing  of  natural  citizens,  and  expressly  re- 
cognising the  treaty.  Would  you  think  any  thing  could  be  added, 
after  this,  to  put  this  question  still  further  out  of  doors  ?  A  gentle- 
man of  Georgia  assured  me,  General  Oglethorpe  did  not  own  a 
foot  of  land  in  the  State.  I  do  not  know  whether  there  has  been 
any  American  determination  on  the  question,  whether  American 
citizens  and  British  subjects,  born  before  the  Revolution,  can  be 
aliens  to  one  another  ?  I  know  there  is  an  opinion  of  Lord  Coke's, 
in  Colvin's  case,  that  if  England  and  Scotland  should,  in  a  course 
of  descent,  pass  to  separate  Kings,  those  bom  under  the  same 
sovereign  during  the  union,  would  remain  natural  subjects  and 
not  aliens.  Common  sense  urges  some  considerations  against 
this.  Natural  subjects  owe  allegiance;  but  we  owe  none.  Aliens 
are  the  subjects  of  a  foreign  power  ;  we  are  subjects  of  a  foreign 
power.  The  King,  by  the  treaty,  acknowledges  our  independence ; 
how  then  can  we  remain  natural  subjects  ?  The  King's  power  is, 
by  the  constitution,  competent  to  the  making  peace,  war  and  trea- 
ties. He  had,  therefore,  authority  to  relinquish  our  allegiance  by 
treaty.  But  if  an  act  of  parliament  had  been  necessary,  the  par- 
liament passed  an  act  to  confirm  the  treaty.  So  that  it  appears  to 
me,  that  in  this  question,  fictions  of  law  alone,  are  opposed  to 
sound  sense. 

I  am  in  hopes  Congress  will  send  a  minister  to  Lisbon.  I 
know  no  country,  with  which  we  are  likely  to  cultivate  a  more 
useful  commerce.     I  have  pressed  this  in  my  private  letters. 

It  is  difiicult  to  learn  any  thing  certain  here,  about  the  French 
and  English  treaty.  Yet,  in  general,  little  is  expected  to  be  done 
between  them.  I  am  glad  to  hear  that  the  Delegates  of  Virginia, 
had  made  the  vote  relative  to  English  commerce,  though  they  af- 
terwards repealed  it.  I  hope  they  will  come  to  again.  When 
my  last  letters  came  away,  they  were  engaged  in  passing  the  re- 
visal  of  their  laws,  with  some  small  alterations.  The  bearer  of 
this,  Mr.  Lyons,  is  a  sensible,  worthy,  young  physician,  son  of  one 
of  our  judges,  and  on  his  return  to  Virginia.  Remember  me  with 
affection  to  Mrs.  and  Miss  Adams,  Colonels  Smith  and  Hum- 
phreys, and  be  assured  of  the  esteem  witli  which  I  am.  Dear  Sir, 

your  friend  and  servant, 

Th:  Jefferson. 


441 

LETTER    CLVII. 

TO    JAMES    MADISON. 

Paris,  February  8,  178C. 

Dear  Sir, 

My  last  letters  were  of  the  Ist  and  20th  of  September,  and  the 
28th  of  October.  Yours,  unacknowledged,  are  of  August  the 
20th,  October  the  3rd,  and  November  the  15th.  I  take  this,  the 
first  safe  opportunity,  of  enclosing  to  you  the  bills  of  lading  for  your 
books,  and  two  others  for  your  namesake  of  Williamsburg,  and  for 
the  attorney,  which  I  will  pray  you  to  forward.  I  thank  you  for 
the  communication  of  the  remonstrance  against  the  assessment. 
Mazzei,  who  is  now  in  Holland,  promised  me  to  have  it  published 
in  the  Leyden  gazette.  It  will  do  us  great  honor.  I  wish  it 
may  be  as  much  approved  by  our  Assembly,  as  by  the  wisest  part 
of  Europe.  I  have  heard,  with  great  pleasure,  that  our  Assembly 
have  come  to  the  resolution,  of  giving  the  regulation  of  their  com- 
merce to  the  federal  head.  I  will  venture  to  assert,  that  there 
is  not  one  of  its  opposers,  who,  placed  on  this  ground,  would  not 
see  the  wisdom  of  this  measure.  The  politics  of  Europe  render 
it  indispensably  necessary,  that,  with  respect  to  every  thing  exter- 
nal, we  be  one  nation  only,  firmly  hooped  together.  Interior  go- 
vernment is  what  each  State  should  keep  to  itself.  If  it  were 
seen  in  Europe,  that  all  our  States  could  be  brought  to  concur  in 
what  the  Virginia  Assembly  has  done,  it  would  produce  a  total  re- 
volution in  their  opinion  of  us,  and  respect  for  us.  And  it  should 
ever  be  held  in  mind,  that  insult  and  war  are  the  consequences  of 
a  want  of  respectability  in  the  national  character.  As  long  as  the 
States  exercise,  separately,  those  acts  of  power  which  respect 
foreign  nations,  so  long  will  there  continue  to  be  irregularities 
committed  by  some  one  or  other  of  them,  wliich  will  constantly 
keep  us  on  an  ill  footing  with  foreign  nations. 

I  thank  you  for  your  information  as  to  my  Notes.  The  copies 
I  have  remaining  shall  be  sent  over,  to  be  given  to  some  of  my 
friends,  and  to  select  subjects  in  the  College.  I  have  been  unfor- 
tunate here  with  this  trifle.  I  gave  out  a  few  copies  only,  and  to 
confidential  persons,  writing  in  every  copy  a  restraint  against  its 
publication.  Among  others,  I  gave  a  copy  to  a  Mr.  Williams :  he 
died.  I  immediately  took  every  precaution  I  could,  to  recover 
this  copy.  But,  by  some  means  or  other,  a  bookseller  had  got 
hold  of  it.  He  employed  a  hireling  translator,  and  is  about  pub- 
lishing it  in  the  most  injurious  form  possible.     I  am  now  at  a  loss 

VOL.    T.  50 


442 


what  to  do  as  to  England.  Every  thing,  good  or  bad,  is  thought 
worth  publishing  there  ;  and  I  apprehend  a  translation  back  from 
the  French,  and  a  publication  there.  I  rather  believe  it  will  be 
most  eligible  to  let  the  original  come  out  in  that  country  :  but  am 
not  yet  decided. 

I  have  purchased  little  for  you  in  the  book  way,  since  I  sent  the 
catalogue  of  my  former  purchases.  I  wish,  first,  to  have  your 
answer  to  that,  and  your  information,  what  parts  of  these  pur- 
chases went  out  of  your  plan.  You  can  easily  say,  buy  more  of 
this  kind,  less  of  that,  &;c.  My  wish  is  to  conform  myself  to. 
yours.  I  can  get  for  you  the  original  Paris  edition  of  the  En- 
cyclopedic, in  thirty-five  volumes,  folio,  for  six  hundred  and  twenty 
livres;  a  good  edition,  in  thirty-nine  volumes,  4to,  for  three 
hundred  and  eighty  livres ;  and  a  good  one,  in  thirty-nine  vo- 
lumes, 8vo,  for  two  hundred  and  eighty  livres.  The  new  one  will 
be  superior  in  far  the  greater  number  of  articles;  but  not  in  all. 
And  the  possession  of  the  antient  one  has,  moreover,  the  advan- 
tage of  supplying  present  use.  I  have  bought  one  for  myself,  but 
wait  your  orders  as  to  you.  I  remember  your  purchase  of  a 
watch  in  Philadelphia.  If  it  should  not  have  proved  good,  you 
can  probably  sell  it.  In  that  case,  I  can  get  for  you  here,  one 
made  as  perfect  as  human  art  can  make  it,  for  about  twenty-four 
louis.  I  have  had  such  a  one  made,  by  the  best  and  most  faith- 
ful hand  in  Paris.  It  has  a  second  hand,  but  no  repeating,  no 
day  of  the  month,  nor  other  useless  thing  to  impede  and  injure 
the  movements  which  are  necessary.  For  twelve  louis  more,  you 
can  have  in  the  same  cover,  but  on  the  back,  and  absolutely 
unconnected  with  tlie  movements  of  the  watch,  a  pedometer, 
which  shall  render  you  an  exact  account  of  the  distances  you 
walk.     Your  pleasure  hereon  shall  be  awaited. 

Houdon  has  returned.  He  called  on  me,  the  other  day,  to  re- 
monstrate against  the  inscription  proposed  for  General  Washing- 
ton's statue.  He  says  it  is  too  long  to  be  put  on  the  pedestal.  I 
told  him,  I  was  not  at  liberty  to  permit  any  alteration,  but  I  would 
represent  his  objection  to  a  friend,  who  could  judge  of  its  va- 
Hdity,  and  whether  a  change  could  be  authorised.  This  has  been 
the  subject  of  conversations  here,  and  various  devices  and  inscrip- 
tions have  been  suggested.  The  one  which  has  appeared  best 
to  me,  may  be  translated  as  follows:  ' Behold,  Reader,  the  form 
of  George  Washington.  For  his  worth,  ask  History ;  that  will 
tell  it,  when  this  stone  shall  have  yielded  to  the  decays  of  time. 
His  country  erects  this  monument :  Houdon  makes  it.'  This  for 
one  side.  On  the  second,  represent  the  evacuation  of  Boston, 
with  the  motto,  'Hostibus  primum  fugatis.'     On  the  third,  the 


443 

• 
capture  of  tlie  Hessians,  with  '  Hostibus  iterum  devictis.'     On  the 
fourth,  tlie  surrender  of  York,  with  '  Hostibus  ultimum  debellatis.' 
This  is  seizing  the  three  most  brilliant  actions  of  his  military  life. 
By  giving  out,  here,  a  wish  of  receiving  mottos  for  this  statue,  we 
might  have  thousands  offered,  from  which  sull  better  might  be 
chosen.     The  ardst  made  the  same  objection,  of  length,  to  the 
inscription  for  the  bust  of  the  Marquis  de  la  Fayette.     An  altera- 
tion of  that  might  come  in  time  still,  if  an  alteration  was  wished. 
However,  I  am  not  certain  that  it  is  desirable  in  either  case.     The 
State  of  Georgia  has  given  twenty  thousand  acres  of  land,  to  the 
Count  d'  Estaing.      This  gift  is  considered  here,  as  very  honora- 
ble to  him,  and  it  has  gratified  him  much.     I  am  persuaded,  that 
a  gift  of  lands  by  the   State  of  Virginia  to  the  Marquis  de  la 
Fayette,   would   give  a  good  opinion  here,  of  our  character,  and 
would  reflect  honor  on  the   Marquis.      Nor,  am  I  sure  that  the 
day  will  not  come,  when  it  might  be  an  useful  asylum  to  him. 
The  time  of  life  at  which  he  visited  America,  was  too  well  a- 
dapted  to  receive  good  and  lasUng  impressions,  to  permit  him  ever 
to   accommodate  himself  to   the  principles  of  monarchical  go- 
vernment; and  it  will  need  all  his  own  prudence,  and  that  of  his 
friends,  to  make  this  country  a  safe  residence  for  him.     How  glo- 
rious, how  comfortable  in  reflection,  will  it  be,  to  have  prepared 
a  refuge  for  him  in  case  of  a  reverse.     In  the  nnean  time,  he 
could  setde  it  with  tenants  from  the  freest  part  of  this  country, 
Bretaigne.     I  have  never  suggested  the  smallest  idea  of  this  kind 
to  him :  because  the  execution  of  it  should  convey  the  first  notice. 
If  the  State  has  not  a  right  to  give  him  lands  with  their  own  offi- 
cers, they  could  buy  up,  at  cheap  prices,  the  shares  of  others.     I 
am  not  certain,  however,  whether  in  the  public  or  private  opinion, 
a  similar  gift  to  Count  Rochambeau  could  be  dispensed  witli.     If 
tlie  State  could  give  to  both,  it  would  be  better ;  but,  in  any  event, 
I  think  they  should  to  the  Marquis.     Count  Rochambeau,  too, 
has  really  deserved  more  attention  than  he^has  received.     Why 
not  set  up  his  bust,  that  of  Gates,   Greene,  Franklin,  in  your 
new  capitol?  A  propos  of  the  capitol.     Do,  my  dear  friend,  exert 
yourself  to  get  the  plan  begun  on,  set  aside,  and  that  adopted, 
which  was  drawn  here.     It  was  taken  from  a  model  which  has 
been  tlie  admiration  of  sixteen  centuries;   which  has  been  the 
object  of  as  many  prilgrimages  as  the  tomb  of  Mahomet;  which 
will  give  unrivalled  honor  to  our    State,  and  furnish  a  model 
whereon  to  form  the  taste  of  our  young  men.     It  will  cost  much 
less  too,  than  the  one  begun ;  because,  it  does  not  cover  one  half 
of  the  area.     Ask,  if  you  please,  a  sight  of  my  letter  of  January 


444 


's^^m^^ 


the  26th,  to  Messrs.  Buchanan  and  Hay,  which  will  spare  me  the 
repeating  its  substance  here. 

Every  thing  is  quiet  in  Europe.  I  recollect  but  one  new  in- 
vention in  the  arts,  which  is  worth  mentioning.  It  is  a  mixture  of 
the  arts  of  engraving  and  printing,  rendering  both  cheaper.  Write 
or  draw  any  thing  on  a  plate  of  brass,  with  the  ink  of  the  inventor, 
and,  in  half  an  hour,  he  gives  you  engraved  copies  of  it,  so  perfectly 
like  the  original,  that  they  could  not  be  suspected  to  be  copies. 
His  types  for  printing  a  whole  page,  are  all  in  one  solid  piece. 
An  author,  therefore,  only  prints  a  few  copies  of  his  work,  from 
time  to  time,  as  they  are  called  for.  This  saves  the  loss  of  print- 
ing  more  copies  than  may  posssbly  be  sold,  and  prevents  an  edition 
from  being  ever  exhausted. 

I  am,  with  a  lively  esteem.  Dear  Sir, 

your  sincere  friend  and  servant, 

Th:  Jefferson. 


LETTER    OLVIII. 

TO    THE    MARQUIS    DE    LA    FAYETTE. 

Paris,  February  9,  1786, 

Dear  Sir, 

The  Mr.  John  Ledyard,  who  proposes  to  undertake  the  journey 
through  the  northern  parts  of  Asia  and  America,  is  a  citizen  of 
Connecticut,  one  of  the  United  States  of  America.  He  accom- 
panied Captain  Cook  in  his  last  voyage  to  the  north  western  parts 
of  America,  and  rendered  himself  useful  to  that  officer,  on  some 
occasions,  by  a  spirit  of  enterprise  which  has  distinguished  his 
whole  life.  He  has  genius,  and  education  better  than  the  com- 
mon, and  a  talent  for  useful  and  interesting  observation.  I  believe 
him  to  be  an  honest  man,  and  a  man  of  truth.  To  all  this,  he 
adds  just  as  much  singularity  of  character,  and  of  that  particular 
kind  too,  as  was  necessary  to  make  him  undertake  the  journey  he 
proposes.  Should  he  get  safe  through  it,  I'  think  he  will  give  an 
interesting  account  of  what  he  shall  have  seen. 

I  have  the  honor  to  be,  with  sentiments  of  sincere  esteem  and 
respect,  Dear  Sir. 

your  most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


445 

LETTER    CLIX. 

TO   MONSIEUR    HILLIAKD    d'aUBERTEUIL. 

Paris,  February  20,  1786. 
Sir, 

I  have  been  honored  with  your  letter,  and  the  books  which  ac- 
companied it,  for  which  I  return  you  my  hearty  thanks.  America 
cannot  but  be  flattered  with  the  choice  of  the  subject,  on  which 
you  are  at  present  employing  your  pen.  The  memory  of  the 
American  Revolution  will  be  immortal,  and  will  immortalise  those 
who  record  it.  The  reward  is  encouraging,  and  will  justify  all 
those  pains,  wliich  a  rigorous  investigation  of  facts  will  render  ne- 
cessary. Many  important  facts,  which  preceded  the  commence- 
ment of  hostilities,  took  place  in  England.  These  may  mostly  be 
obtained  from  good  publications  in  that  country.  Some  took  place 
in  this  country.  They  will  be  probably  hidden  from  the  present 
age.  But  America  is  the  field  where  the  greatest  mass  of  impor- 
tant events  were  transacted,  and  where,  alone,  they  can  now  be 
collected.  I  therefore  much  applaud  your  idea  of  going  to  that 
country,  for  the  verification  of  the  facts  you  mean  to  record. 
Every  man  there,  can  tell  you  more  than  any  man  here,  who  has 
not  been  there  :  and  the  very  ground  itself,  will  give  you. new  in- 
sight into  some  of  the  most  interesting  transactions.  If  I  can  be  of 
service  to  you,  in.  promoting  your  object  there,  I  offer  myself  freely 
to  your  use.  I  shall  be  flattered  by  the  honor  of  your  visit  here, 
at  any  time.  I  am  seldom  from  home  before  noon;  but  if  any 
later  hour  should  suit  you  better,  I  will  take  care  to  be  at  home, 
at  any  hour  and  day,  you  will  be  pleased  to  indicate. 

I  have  the  honor  to  be,  witli  great  respect.  Sir, 

your  most  obedient  humble  servant, 

Th;  Jefferson. 


LETTER    CLX. 
TO    THE    COUNT    DE    VERGENNES. 

Paris,  February  28, 1786. 

Sir, 
Circumstances  of  public  duty  calling  me  suddenly  to  London, 
I  take  the  liberty  of  mentioning  it  to  your  Excellency,  and  of  ask- 
ing a  few  minutes  audience  of  you,  at  as  early  a  day  and  hour  as 


446 

will  be  convenient  to  you,  and  that  you  will  be  so  good  as  to  indi- 
cate them  to  me.  I  would  wish  to  leave  Paris  about  Friday  or  Satur- 
day, and  suppose  that  my  stay  in  London  will  be  of  about  three 
weeks.  I  shall  be  happy  to  be  the  bearer  of  ^ny  commands  your 
Excellency  may  have  for  that  place,  and  will  faithfully  execute 
them.  I  cannot  omit  mentioning,  how  pleasing  it  would  be  to  me 
to  be  enabled,  before  my  departure,  to  convey  to  the  American 
prisoners  at  St.  Pol  de  Leon  such  mitigation  of  their  fate,  as  may 
be  thought  admissible. 

I  have  the  honor  to  be,  with  sentiments  of  the  highest  respect 
and  esteem,  your  Excellency's 

most  obedient  and 

most  humble  servant, 

Tn:  Jefferson. 


LETTER  CLXI. 

TO  MONSIEUR  DE  REYNEVAL. 

Paris,  March  3,  1786.  - 

Sir, 
His  Excellency,  Count  de  Vergennes,  having  been  pleased  to 
say  that  he  would  give  orders  at  Calais,  for  the  admission  of  cer- 
tain arucles  which  I  wish  to  bring  with  me  from  England,  I  have 
thought  it  best  to  give  a  description  of  them,  before  my  departure. 
They  will  be  as  follows : 

1.  A  set  of  table  furniture,  consisting  of  China,  silver  and  plated 
ware,  distributed  into  three  or  four  boxes  or  canteens,  for  the  con- 
venience of  removing  them. 

2.  A  box  containing  small  tools  for  wooden  and  iron  work,  for 
my  own  amusement. 

3.  A  box,  probably,  of  books. 

4.  I  expect  to  bring  with  me  a  riding  horse,  saddle,  he. 

The  mathematical  instruments  will  probably  be  so  light,  that  I 
may  bring  them  in  my  carriage,  in  which  case,  I  presume  they 
will  pass  with  my  baggage,  under  the  authority  of  the  passport  for 
my  person.  If  these  orders  can  be  made  out  in  time,  I  would 
willingly  be  the  bearer  of  them  myself. 

I  have  the  honor  to  be,  with  sentiments  of  tlie  most  perfect  es- 
teem and  respect.  Sir, 

your  most  obedient  servant, 

Tii:  Jeffeksun. 


447 

LETTER    CLXII. 
TO    JOHN    JAY. 

London,  March  12,  1786. 
Sir, 

The  date  of  a  letter  from  London,  will  doubtless  be  as  unex- 
pected to  you,  as  it  was  unforeseen  by  myself,  a  few  days  ago.  On 
the  27th  of  the  last  month,  Colonel  Smith  arrived  in  Paris,  with  a 
letter  from  Mr.  Adams,  informing  me  that  there  was  at  this  place, 
a  minister  from  Tripoli,  having  general  powers  to  enter  into  trea- 
ties on  behalf  of  his  State,  and  with  whom  it  was  possible  we 
might  do  something,  under  our  commission  to  that  power :  and  tliat  he 
gave  reason  to  believe,  he  could  also  make  arrangements  with  us, 
for  Tunis.  He  further  added,  that  the  minister  of  Portugal  here, 
had  received  ultimate  instructions  from  his  court,  and  that,  probably, 
that  treaty  might  be  concluded  in  the  space  of  three  weeks,  were 
we  all  on  the  spot  together.  He,  therefore,  pressed  me  to  come 
over  immediately.  The  first  of  these  objects  had  some  weight  on 
my  mind,  because,  as  we  had  sent  no  person  to  Tripoli  or  Tunis, 
I  thought,  if  we  could  meet  a  minister  from  them  on  this  ground, 
our  arrangements  would  be  setded  much  sooner,  and  at  less 
expense.  But  what  principally  decided  me,  was,  the  desire  of 
bringing  matters  to  a  conclusion  with  Portugal,  before  the  term  of 
our  commissions  should  expire,  or  any  new  turn  in  the  negodations 
of  France  and  England,  should  abate  their  willingness  to  fix  a  con- 
nection with  us.  A  third  motive  had  also  its  weight.  I  hoped 
that  my  attendance  here,  and  the  necessity  of  shortening  it,  might 
be  made  use  of  to  force  a  decisive  answer  from  this  court.  I 
therefore  concluded  to  comply  with  Mr.  Adams's  request.  I  went 
immediately  to  Versailles,  and  apprised  the  Count  de  Vergennes, 
that  circumstances  of  public  duty  called  me  hidier  for  three  or 
four  weeks,  arranged  with  him  some  matters,  and  set  out  with 
Colonel  Smith  for  this  place,  where  w^e  arrived  last  night,  which 
.was  as  early  as  the  excessive  rigour  of  the  weather  adfnitted.  I 
saw  Mr.  Adams  immediately,  and  again  to-day.  He  informs  me, 
that  the  minister  of  Portugal  was  taken  ill  fivo  or  six  days  ago,  has 
been  very  much  so,  but  is  now  somewhat  better.  It  would  be 
very  mortifying,  indeed,  should  this  accident,  with  the  shortness  of 
the  term  t^  which  I  limit  my  stay  here,  defeat  what  was  the  prin- 
cipal object  of  my  journey,  and  that,  without  which,  I  should  hardly 
have  undertaken  it.  With  respect  to  diis  country,  I  had  no  doubt 
but  thai  every  consideration  had  been  urged  by  Mr.  Adams,  which 


448 

1 
was  proper  to  be  urged.  Nothing  remains  undone  in  this  way. 
But  we  shall  avail  ourselves  of  my  journey  here,  as  if  made  on 
purpose,  just  before  the  expiration  of  our  commission,  to  form  our 
report  to  Congress  on  the  execution  of  that  commission,  which  re- 
port, they  may  be  given  to  know,  cannot  be  formed  without  deci- 
sive information  of  the  ultimate  determination  of  their  court.  There 
is  no  doubt  what  that  determination  will  be  :  but  it  will  be  useful 
to  have  it ;  as  it  may  put  an  end  to  all  further  expectations  on  our 
side  the  water,  and  shew  that  the  time  is  come  for  doing  whatever 
is  to  be  done  by  us,  for  counteracting  the  unjust  and  greedy  de- 
signs of  this  country.  We  shall  have  the  honor,  before  I  leave 
this  place,  to  inform  you  of  the  result  of  the  several  matters  which 
have  brought  me  to  it. 

A  day  or  two  before  my  departure  from  Paris,  I  received  your 

letter  of  January .     The  question  therein  proposed.  How  far 

France  considers  herself  as  bound  to  insist  on  the  delivery  of  the 
posts,  would  infallibly  produce  another.  How  fir  we  consider  our- 
selves as  guarantees  of  their  American  possessions,  and  bound  to 
enter  into  any  future  war,  in  which  these  may  be  attacked  ?  The 
words  of  the  treaty  of  alliance  seem  to  be  without  ambiguity  on 
either  head,  yet,  I  should  be  afraid  to  commit  Congress,  by  an- 
swering without  authority.  I  will  endeavor,  on  my  return,  to 
sound  the  opinion  of  the  minister,  if  possible,  without  exposing 
myself  to  the  other  question.  Should  any  thing  forcible  be  medi- 
tated on  these  posts,  it  would  possibly  be  thought  prudent,  pre- 
viously to  ask  the  good  offices  of  France,  to  obtain  their  delivery. 
In  this  case,  they  would  probably  say,  we  must  first  execute  the 
treaty,  on  our  part,  by  repealing  all  acts  which  have  contravened 
it.  Now,  tliis  measure,  if  there  be  any  candor  in  the  court  of 
London,  would  suffice  to  obtain  a  delivery  of  the  posts  from  them, 
without  the  mediation  of  any  third  power.  However,  if  this  me- 
diation should  be  finally  needed,  I  see  no  reason  to  doubt  our  ob- 
taining it,  and  still  less  to  question  its  omnipotent  influence  on  the 
British  court. 

I  have  the  honor  to  be,  with  the  highest  respect  and  esteem, 
Sir,  your  most  obedient  and 

most  humble  servant, 

Th:  Jefferson. 


449 

LETTER    CLXIII. 

TO    COLONEL    HUMPHREYS. 

London,  March  14,  1786. 

Dear  Sir, 
I  have  been  honored  with  your  letter,  in  which  you  mention  to 
me  your  intention  of  returning  to  America  in  the  April  packet.  It 
is  with  sincere  concern  that  I  meet  this  event,  as  it  deprives  me 
not  only  of  your  aid  in  the  office  in  which  we  have  been  joined, 
but  also  of  your  society,  which  has  been  to  me  a  source  of  the 
greatest  satisfaction.  1  think  myself  bound  to  return  you  my 
thanks  for  it,  and,  at  the  same  time,  to  bear  testimony,  that  in  the 
discharge  of  the  office  of  secretary  of  legation  to  the  several  com- 
missions, you  have  fulfilled  all  its  duties  with  readiness,  propriety 
and  fidelity.  I  sincerely  wish,  that  on  your  return,  our  country 
may  avail  itself  of  your  talents  in  the  public  service,  and  that  you 
may  be  willing  so  to  employ  them.  You  carry  with  you  my 
wishes  for  your  prosperity,  and  a  desire  of  being  instrumental  to 
it :  and  I  hope,  that  in  every  situation  in  which  we  may  be  plac- 
ed, you  will  freely  command  and  count  on  my  services.  I  will 
beg  to  be  favored  with  your  letters,  whenever  it  is  convenient. 
You  have  seen  our  want  of  intelligence  here,  and  w^ell  know  the 
nature  of  that  which  will  be  useful  or  agreeable.  I  fear  I  shall 
have  little  interesting  to  give  you  in  return ;  but  such  news  as  my 
situation  affords,  you  shall  be  sure  to  receive.  I  pray  you  to  be 
the  bearer  of  the  enclosed  letter  to  Mr.  Jay,  to  accept  my  wishes 
for  a  favorable  passage,  a  happy  meeting  with  your  friends,  and 
for  every  future  felicity  which  this  life  can  afford,  being,  with  the 
greatest  esteem,  Dear  Sir, 

your  sincere  friend,  and 

most  humble  servant, 

Th:  Jefferson. 


VOL.  I.  57 


APPENDIX 


[Note  A.] 

TO    THE    GOVERNOR    OF    VIRGINIA. 

Kaskaskias,  Illinois,  April  29,  1779. 

Dear  Sir, 
A  few  days  ago,  I  received  certain  intelligence  of  William 
Morris,  my  express  to  you,  being  killed  near  the  falls  of  Ohio; 
news  truly  disagreeable  to  me,  as  I  fear  many  of  my  letters  will  fall 
into  the  hands  of  the  enemy,  at  Detroit,  although  some  of  them, 
as  I  learn,  were  found  in  the  woods  torn  in  pieces.  I  do  not  doubt 
but  before  the  receipt  of  his,  you  will  have  heard  of  my  late 
success  against  Governor  Hamilton,  at  post  St.  Vincenne.  That 
gentleman,  with  a  body  of  men,  possessed  himself  of  that  post  on 
the  15th  of  December  last,  repaired  the  fortifications  for  a  reposi- 
tory, and  in  the  spring,  meant  to  attack  this  place,  which  he 
made  no  doubt  of  carrying ;  where  he  was  to  be  joined  by  two 
hundred  Indians  from  Michilimackinac,  and  five  hundred  Chero- 
kees,  Chickasaws,  and  other  nations.  With  this  body,  he  was  to 
penetrate  up  the  Ohio  to  Fort  Pitt,  sweeping  Kentucky  on  his  way, 
having  light  brass  canon  for  the  purpose,  joined  on  his  march, 
by  all  the  Indians  that  could  be  got  to  him.  He  made  no  doubt, 
that  he  could  force  all  West  Augusta.  This  expedition  was 
ordered  by  the  commander  in  chief  of  Canada.  Destruction  seem- 
ed to  hover  over  us  from  every  quarter  ;  detached  parties  of  the 
enemy  were  in  the  neighborhood  every  day,  but  afraid  to  attack.  I 
ordered  Major  Bowman  to  evacuate  the  fort  at  tlie  Cohas,  and 
join  me  immediately,  which  he  did.  Having  not  received  a  scrape 
of  a  pen  from  you,  for  near  twelve  months,  I  could  see  but  little 
probability  of  keeping  possession  of  the  country,  as  my  number  of 
men  was  too  small  to  stand  a  siege,  and  my  situation  too  remote 
to  call  for  assistance.  I  made  all  the  preparations  I  possibly  could 
for  the  attack,  and  was  necessitated  to  set  fire  to  some  of  the 
houses  in  town,  to  clear  them  out  of  the  way.     But  in  the  height 


452 

of  the  hurry,  a  Spanish  merchant,  who  had  been  at  St.  Vincenne, 
arrived,  and  gave  the  following  intelligence:  that  Mr.  Hamilton 
had  weakened  himself,  by  sending  his  Indians  against  the  fron- 
tiers, and  to  block  up  the  Ohio ;  that  he  had  not  more  than  eighty 
men  in  garrison,  three  pieces  of  cannon,  and  some  swivels  mount- 
ed; and  that  he  intended  to  attack  this  place,  as  soon  as  the  winter 
opened,  and  made  no  doubt  of  clearing  the  western  waters  by  the 
fall.  My  situation  and  circumstances  induced  me  to  fall  on  the  re- 
solution of  attacking  him,  before  he  could  collect  his  Indians  again. 
I  was  sensible  the  resolution  was  as  desperate  as  my  situation,  but 
I  saw  no  other  probability  of  securing  the  country.  I  immedi- 
diately  despatched  a  small  galley,  which  I  had  fitted  up,  mount- 
ing two  four  pounders  and  four  swivels,  with  a  company  of 
men  and  necessary  stores  on  board,  with  orders  to  force  her  way, 
if  possible,  and  station  herself  a  few  miles  below  tlie  enemy,  sufr 
fer  nothing  to  pass  her,  and  wait  for  further  orders.  In  the  mean 
time,  I  marched  across  the  country  with  one  hundred  and  thirty 
men,  being  all  I  could  raise,  after  leaving  this  place  garrisoned  by 
the  militia.  The  inhabitants  of  the  country  behaved  exceedingly 
well,  numbers  of  young  men  turned  out  on  the  expedition,  and 
every  other  one  embodied  to  guard  the  different  towns.  I  marched 
the  7th  of  February.  Although  so  small  a  body,  it  took  me  six- 
teen days  on  the  route.  The  inclemency  of  the  season,  high 
waters,  &lc.  seemed  to  threaten  the  loss  of  the  expedition.  When 
within  three  leagues  of  of  the  enemy,  in  a  direct  line,  it  took  us 
five  days  to  cross  the  drowned  lands  of  the  Wabash  river,  having 
to  wade  often,  upwards  of  two  leagues,  to  our  breast  in  water. 
Had  not  the  weather  been  warm,  we  must  have  perished.  But 
on  the  evening  of  the  23rd,  w^e  got  on  dry  land,  in  sight  of  the 
enemy;  and  at  seven  o'clock,  made  the  attack,  before  they  knew 
any  thing  of  us.  The  town  immediately  surrendered  with  joy, 
and  assisted  in  the  seige.  There  was  a  continual  fire  on  both 
sides,  for  eighteen  hours.  I  had  no  expectation  of  gaining  the 
fort  until  the  arrival  of  my  artillery.  The  moon  setting  about  one 
o'clock,  I  had  an  entrenchment  thrown  up  within  rifle  shot  of  their 
strongest  battery,  and  poured  such  showers  of  well  directed  balls 
into  their  ports,  that  we  silenced  two  pieces  of  cannon  in  fifteen 
minutes,  without  getting  a  man  hurt. 

Governor  Hamilton  and  myself  had,  on  the  following  day,  several 
conferences,  but  did  not  agree  until  the  evening,  when  he  agreed  to 
surrender  the  garrison  (seventy-nine  in  number)  prisoners  of  war, 
with  considerable  stores.  I  got  only  one  man  wounded ;  not  being 
able  to  lose  many,  I  made  them  secure  themselves  well.  Seven 
were  badly  wounded  in  the  fort,  through  the  ports.    In  the  height  of 


453 

this  action,  an  Indian  party  that  had  been  to  war,  and  taken  two  pri- 
soners, came  in,  not  knowing  of  us.  Hearing  of  them,  I  despatched 
a  party  to  give  them  battle  in  the  commons,  and  got  nine  of  them, 
with  the  two  prisoners,  who  proved  to  be  Frenchmen.  Hearing 
of  a  convoy  of  goods  from  Detroit,  I  sent  a  party  of  sixty  men,  in 
armed  boats  well  mounted  with  swivels,  to  meet  them,  before -they 
could  receive  any  intelligence.  They  met  the  convoy  forty 
leagues  up  the  river,  and  made  a  prize  of  the  whole,  taking  forty 
prisoners  and  about  ten  thousand  pounds  worth  of  goods  and  pro- 
visions; also,  the  mail  from  Canada  to  Governor  Hamilton,  con- 
taining, however,  no  news  of  importance.  But  what  crowned  the 
general  joy,  was  the  arrival  of  William  Morris,  my  express  to  you, 
with  your  letters,  which  gave  general  satisfaction.  The  soldiery, 
being  made  sensible  of  the  gratitude  of  their  country  for  their 
services,  were  so  much  elated,  that  they  would  have  attempted  the 
reduction  of  Detroit,  had  I  ordered  them.  Having  more  prison- 
ers than  I  knew  what  to  do  with,  I  was  obliged  to  discharge  a  greater 
part  of  them,  on  parole.  Mr.  Hamilton,  his  principal  officers 
and  a  few  soldiers,  I  have  sent  to  Kentucky,  under  convoy  of 
Captain  Williams,  in  order  to  be  conducted  to  you.  After  de- 
spatching Morris  with  letters  to  you,  treating  with  the  neighboring 
Indians,  &ic.  I  returned  to  this  place,  leaving  a  sufficient  garrison 
at  St.  Vincenne. 

During  my  absence.  Captain  Robert  George,  who  now  com- 
mands the  company  formerly  commanded  by  Captain  Willing, 
had  returned  from  New  Orleans,  which  greatly  added  to  our 
strengtli.  It  gave  great  satisfaction  to  the  inhabitants,  when  ac 
quainted  with  the  protection  which  was  given  them,  the  alliance 
with  France,  he,  I  am  impatient  for  the  arrival  of  Colonel 
Montgomery,  but  have  heard  nothing  of  him  lately.  By  your 
instructions  to  me,  I  find  you  put  no  confidence  in  General  M'In- 
tosh's  taking  Detroit,  as  you  encourage  me  to  attempt  it,  if  possi- 
ble. It  has  been  twice  in  my  power.  Had  I  been  able  to  raise 
only  five  hundred  men  when  I  first  arrived  in  the  country,  or  when 
I  was  at  St.  Vincenne,  could  I  have  secured  my  prisoners,  and  only 
have  had  three  hundred  good  men,  I  should  have  attempted 
it,  and  since  learn  there  could  have  been  no  doubt  of  success,  as 
by  some  gentlemen,  lately  from  that  post,  we  are  informed  that 
the  town  and  country  kept  three  days  in  feasting  and  diversions,  on 
hearing  of  my  success  against  Mr.  Hamilton,  and  were  so  certain 
of  my  embracing  the  fair  opportunity  of  possessing  myself  of  that 
post,  that  the  merchants  and  others  provided  many  necessaries  for 
us  on  our  arrival;  the  garrison,  consisting  of  only  eighty  men,  not 
daring  to  stop  their  diversions.     They  are  now  completing  a  new 


454 

fort,  and  I  fear  too  strong  for  any  force  I  shall  ever  be  able  to 
raise  in  this  country.  We  are  proud  to  hear  Congress  intends 
putting  their  forces  on  the  frontiers,  under  your  direction*  A  small 
army  from  Pittsburg,  conducted  with  spirit,  may  easily  take  De- 
troit, and  put  an  end  to  the  Indian  war.  Those  Indians  who  are 
active  against  us,  are  the  six  nations,  part  of  the  Shawnese,  the 
Meamonies,  and  about  half  the  Chesaweys,  Ottawas,  Jowaas,  and 
Pottawatimas  nations,  bordering  on  the  lakes.  Those  nations  who 
have  treated  with  me,  have  behaved  since  very  well ;  to  wit,  the 
Peankishaws,  Kiccapoos,  Orcaottenans  of  the  Wabash  river,  the 
Kaskias,  Perrians,  Mechigamies,  Foxes,  Socks,  Opays,  Illinois  and 
Poues,  nations  of  the  Mississippi  and  Illinois  rivers.  Part  of  the 
Chesaweys  have  also  treated,  and  are  peaceable.  I  continually 
keep  agents  among  them,  to  watch  their  motions  and  keep  them 
peaceably  inclined.  Many  of  the  Cherokees,  Chickasaws,  and 
their  confederates,  are,  I  fear,  ill  disposed.  It  would  be  well  if 
Colonel  Montgomery  should  give  them  a  dressing,  as  he  comes 
down  the  Tennessee.  There  can  be  no  peace  expected  from 
many  nations,  while  the  English  are  at  Detroit.  I  strongly  suspect 
they  will  turn  their  arms  against  the  Illinois,  as  they  will  be  en- 
couraged. I  shall  always  be  on  my  guard,  watching  every  oppor- 
tunity to  take  the  advantage  of  tlie  enemy,  and,  if  I  am  ever  able 
to  muster  six  or  seven  hundred  men,  I  shall  give  them  a  shorter 
distance  to  come  and  fight  me,  than  at  this  place. 

There  is  one  circumstance  very  distressing,  that  of  our  money's 
being  discredited,  to  all  intents  and  purposes,  by  the  great  number  of 
traders  who  come  here  in  my  absence,  each  outbidding  the  other, 
giving  prices  unknown  in  this  country  by  five  hundred  per  cent, 
by  which  the  people  conceived  it  to  be  of  no  value,  and  both 
French  and  Spaniards  refused  to  take  a  farthing  of  it.  Provision 
is  three  times  the  price  it  was  two  months  past,  and  to  be  got  by 
no  other  means  than  my  own  bonds,  goods,  or  force.  Several 
merchants  are  now  advancing  considerable  sums  of  their  own  pro- 
perty, rather  than  the  service  should  suffer,  by  which  I  am  sensible 
they  must  lose  greatly,  unless  some  method  is  taken  to  raise  the 
credit  of  our  coin,  or  a  fund  be  sent  to  Orleans,  for  the  payment 
of  the  expenses  of  this  place,  which  would  at  once  reduce  the  price 
of  every  species  of  provision  ;  money  being  of  little  service  to  them, 
unless  it  would  pass  at  the  ports  they  trade  at.  I  mentioned  to 
you,  my  drawing  some  bills  on  Mr.  Pollock  in  New  Orleans,  as  I 
had  no  money  with  me.  He  would  accept  the  bills,  but  had  not 
money  to  pay  them  oft',  though  the  sums  were  trifling ;  so  that  we 
have  little  credit  to  expect  from  that  quarter.  I  shall  take  every 
step  I  possibly  can,  for  laying  up  a  sufficient  quantity  of  provisions. 


455 

and  iiope  you  will  ininiedialely  send  me  an  express  widi  your  In- 
■structions.  Public  expenses  in  this  country,  have  hitherto  been 
very  low,  and  may  still  continue  so,  if  a  correspondence  is  fixed 
at  New  Orleans  for  payment  of  expenses  in  this  country,  or  gold 
and  silver  sent.  I  am  glad  to  hear  of  Colonel  Todd's  appoint- 
ment. I  tliink  government  has  taken  the  only  step  they  could 
have  done,  to  make  this  country  flourish,  and  be  of  service  to  them. 
No  other  regulation  would  have  suited  the  people.  The  last  ac- 
count I  had  of  Colonel  Rogers,  w^as  his  being  in  New  Orleans, 
with  six  of  his  men.  The  rest  he  left  at  the  Spanish  Ozack,  above 
the  Natches.  I  shall  immediately  send  him  some  provisions,  as  I 
learn  he  is  in  great  want.  I  doubt,  he  will  not  be  able  to  get  his 
goods  up  the  river,  except  in  Spanish  bottoms.  One  regiment 
would  be  able  to  clear  the  Mississippi,  and  do  great  damage  to  the 
British  interest  in  Florida,  and,  by  properly  conducting  themselves, 
might  perhaps  gain  the  affection  of  the  people,  so  as  to  raise  a 
sufficient  force  to  give  a  shock  to  Pensacola.  Our  alliance  with 
France  has  entirely  devoted  this  people  to  our  interest.  I  have 
sent  several  copies  of  the  articles  to  Detroit,  and  do  not  doubt  but 
they  will  produce  the  desired  effect.  Your  instructions,  I  shall 
pay  implicit  regard  to,  and  hope  to  conduct  myself  in  such  a  man- 
ner as  to  do  honor  to  my  country. 

I  am,  with  the  greatest  respect, 

your  humble  servant, 

G.  R.  Clarke. 

P.  S.  I  understand  there  is  a  considerable  quantity  of  cannon  ball 
at  Pittsburg.  We  are  much  in  want  of  four  and  six  pound  ball. 
I  hope  you  will  immediately  order  some  down. 


In  Council,  June  18,  1779. 

The  board  proceeded  to  the  consideration  of  the  letters  of  Co- 
lonel Clarke,  and  other  papers  relating  to  Henry  Hamilton,  Esq. 
who  has  acted  for  some  years  past,  as  Lieutenant  Governor  of  the 
settlement  at  and  about  Detroit,  and  commandant  of  the  British 
garrison  there,  under  Sir  Guy  Carleton,  as  Governor  in  chief; 
Philip  Dejean,  justice  of  die  peace  for  Detroit,  and  William  La- 
mothe,  captain  of  volunteers,  prisoners  of  war,  taken  in  the  couiity 
of  Illinois. 

They  find,  that  Governor  Hamilton  has  executed  the  task  of 
inciting  the  Indians  to  perpetrate  their  accustomed  crueldes  on  the 
citizens  of  the  United  States,  without  distincUon  of  age,  sex,  or 
condition,  with  an  eagerness  and  avidity  which  evince,  that  die 
general  nature  of  his  charge  harmonised  with  his  particular  dispo- 


456 

sition.  They  should  have  been  satisfied,  from  the  other  testimony 
adduced,  tliat  these  enormities  were  committed  by  savages  acting 
under  his  commission,  but  the  number  of  proclamations,  which,  at 
different  times,  were  left  in  houses,  the  inhabitants  of  which  were 
killed  or  carried  away  by  the  Indians,  one  of  which  proclamations 
is  in  possession  of  the  board,  under  the  hand  and  seal  of  Governor 
Hamilton,  puts  this  fact  beyond  a  doubt.  At  the  time  of  his  cap- 
tivity, it  appears,  he  had  sent  considerable  bodies  of  Indians  against 
the  frontier  settlements  of  these  States,  and  had  actually  appointed 
a  great  council  of  Indians,  to  meet  him  at  Tennessee,  to  concert 
the  operations  of  this  present  campaign.  They  find  that  his  treat- 
ment of  our  citizens  and  soldiers,  taken  and  carried  witliin  the  li- 
mits of  his  command,  has  been  cruel  and  inhuman  ;  that  in  the 
case  of  John  Dodge,  a  citizen  of  these  States,  which  has  been 
particularly  stated  to  this  board,  he  loaded  him  with  irons,  threw 
him  into  a  dungeon,  without  bedding,  without  straw,  without  fire, 
in  the  dead  of  winter  and  severe  climate  of  Detroit ;  that,  in  that 
state,  he  wasted  him  with  incessant  expectations  of  death :  that 
when  the  rigours  of  his  situation  had  brought  him  so  low,  that 
death  seemed  likely  to  withdraw  him  from  their  power,  he  was 
taken  out  and  somewhat  attended  to,  until  a  little  mended,  and 
before  he  had  recovered  abihty  to  walk,  was  again  returned  to 
his  dungeon,  in  which  a  hole  was  cut,  seven  inches  square  only, 
for  the  admission  of  air,  and  the  same  load  of  irons  again  put  on 
him :  that  appearing,  a  second  time,  in  imminent  danger  of 
being  lost  to  them,  he  was  again  taken  from  his  dungeon,  in  which 
he  had  lain  from  January  till  June,  with  the  intermission  of  a  {ew 
weeks  only,  before  mentioned.  That  Governor  Hamilton  gave 
standing  rewards  for  scalps,  but  offered  none  for  prisoners,  which 
induced  the  Indians,  after  making  their  captives  carry  their  bag- 
gage into  the  neighborhood  of  the  fort,  there  to  put  them  to  death, 
and  carry  in  their  scalps  to  the  Governor,  who  welcomed  their  re- 
turn and  success  by  a  discharge  of  cannon.  That  when  a  prisoner, 
brought  alive,  and  destined  to  death  by  the  Indians,  the  fire  al- 
ready kindled,  and  himself  bound  to  the  stake,  was  dexterously 
withdrawn,  and  secreted  from  them  by  the  humanity  of  a  fellow 
prisoner,  a  large  reward  was  offered  for  the  discovery  of  the  vic- 
tim, which  having  tempted  a  servant  to  betray  his  concealment, 
the  present  prisoner  Dejean,  being  sent  with  a  party  of  soldiers, 
surrounded  the  house,  took  and  threw  into  jail  the  unhappy  vic- 
tim and  his  deliverer,  where  the  former  soon  expired  under  the 
perpetual  assurances  of  Dejean,  that  he  was  to  be  again  restored 
into  the  hands  of  the  savages,  and  the  latter  when  enlarged,  was 
bitterly  reprimanded  by  Governor  Hamilton. 


457 

It  appears  to  them,  that  the  prisoner  Dejean  was  on  all  occa- 
sions, the  willing  and  cordial  instrument  of  Governor  Hamilton, 
acting  both  as  judge  and  keeper  of  the  jails,  and  instigating  and 
urging  him,  by  malicious  insinuations  and  untruths,  to  increase,  ra- 
ther than  relax  his  severities,  heightening  the  cruelty  of  his  orders 
by  his  manner  of  executing  them,  offering  at  one  time  a  reward 
to  one  man  to  be  hangman  for  another,  threatening  his  life  on  re- 
fusal, and  taking  from  his  prisoners  the  little  property  their  oppor- 
tunities enabled  them  to  acquire. 

It  appears,  that  the  prisoner  Lamothe,  was  a  captain  of  the  vo- 
lunteer scalping  parties  of  Indians  and  whites,  who  went,  from 
time  to  time,  under  general  orders  to  spare  neither  men,  women, 
nor  children.  From  this  detail  of  circumstances,  which  arose  in 
a  few  cases  only,  coming  accidentally  to  the  knowledge  of  the 
board,  they  think  themselves  authorised  by  fair  deduction,  to  pre- 
sume what  would  be  the  horrid  history  of  the  sufferings  of  the 
many,  who  have  expired  under  their  miseries,  (which,  therefore, 
will  remain  forever  untold)  or,  who  have  escaped  from  them,  and 
are  yet  too  remote  and  too  much  dispersed,  to  bring  together  their 
well  founded  accusations  against  the  prisoners. 

They  have  seen  that  the  conduct  of  the  British  officers,  civil 
and  military,  has  in  the  whole  course  of  this  war,  been  savage, 
and  unprecedented  among  civilized  nations  ;  that  our  officers  ta- 
ken by  them,  have  been  confined  in  crowded  jails,  loathsome 
dungeons  and  prison  ships,  loaded  with  irons,  supplied  often  with 
no  food,  generally  with  too  little  for  the  sustenance  of  nature,  and  that 
little  sometimes  unsound  and  unwholesome  whereby  such  num- 
bers hjave  perished,  that  captivity  and  death  have  with  them  been 
almost  synonymous  ;  that  they  have  been  transported  beyond  seas, 
where  their  fate  is  out  of  the  reach  of  our  inquiry,  have  been 
compelled  to  take  arms  against  their  country,  and  by  a  refinement 
in  cruelty,  to  become  murderers  of  their  own  brethren. 

Their  prisoners  with  us  have,  on  the  other  hand,  been  treated 
with  humanity  and  moderation  ;  they  have  been  fed,  on  all  occa- 
sions, with  wholesome  and  plentiful  food,  suffered  to  go  at  large 
within  extensive  tracts  of  country,  treated  with  liberal  hospitality, 
permitted  to  live  in  the  families  of  our  citizens,  to  labor  for  them- 
selves, to  acquire  and  enjoy  profits,  and  finally  to  participate  of 
the  principal  benefits  of  society,  privileged  from  all  burdens. 

Reviewing  this  contrast,  which  cannot  be  denied  by  our  ene- 
mies themselves,  in  a  single  point,  and  which  has  now  been  kept 
up  during  four  years  of  unremitting  war,  a  term  long  enough  to 
produce  well  founded  despair  that  our  moderation  may  ever  lead 
them  to  the  practice  of  humanity  ;  called  on  by  that  justice  we  owe 
VOL.   I.  58 


•  458 

to  those  who  are  fighting  the  battles  of  our  country,  to  deal  but,  at 
length,  miseries  to  their  enemies,  measure  for  measure,  and  to  dis- 
tress the  feelings  of  mankind  by  exhibiting  to  them  spectacles  of  se- 
vere retaliation,  .where  we  had  long  and  vainly  endeavored  to  intro- 
duce an  emulation  in  kindness ;  happily  possessed,  by  the  fortune  of 
war,  of  some  of  those  very  individuals  who,  having  distinguished 
themselves  personally  in  this  line  of  cruel  conduct,  are  fit  subjects 
to  begin  on,  with  the  work  of  retaliation  ;  this  board  has  resolved  to 
advise  the  Governor,  that  the  said  Henry  Hamikon,  Philip  Dejean 
and  William  Lamothe,  prisoners  of  war,  be  put  into  irons,  confined 
in.  the  dungeon  of  the  public  jail,  debarred  the  use  of  ^en,  ink  and 
paper,  and  excluded  all  converse,  except  with  their  keeper.  And 
the  Governor  orders  accordingly. 

Arch.  Blair,  C.  C. 


[Note  B.] 

In  Council,  September  29,  1779. 

The  board  having  been,  at  no  time,  unmindful  of  the  circum- 
stances attending  the  confinement  of  Lieutenant  Governor  Hamil- 
ton, Captain  Lamothe  and  Philip  Dejean,  which  the  personal 
cruelties  of  those  men,  as  well  as  thegeneral  conduct  of  the  enemy, 
had  constrained  them  to  advise  :  wishing,  and  willing  to  expect, 
that  their  sufl^e rings  may  lead  them  to  the  practice  of  humanity, 
should  any  future  turn  of  fortune,  in  their  favor,  submit  to  their 
discretion  the  fate  of  their  fellow  creatures;  that  it  may  prove  an 
admonition  to  others,  meditating  like  cruelties,  not  to  rely  for  im- 
punity in  any  circumstances  of  distance  or  present  security  ;  and  that 
it  may  induce  the  enemy  to  reflect,  what  must  be  the  painful  con- 
se.quences,  should  a  continuation  of  the  same  conduct  on  their 
part,  impel  us  again  to  severities,  while  such  multiplied  subjects  of 
retaliation  are  within  our  power :  sensible  that  no  impression  can 
be  made  on  the  event  of  the  war,  by  wreaking  vengeance  on  mise- 
rable captives  ;  that  the  great  cause  which  has  animated  the  two 
nations  against  each  other,  is  not  to  be  decided  by  unmanly  cruel- 
ties on  wretches,  who  have  bowed  their  necks  to  the  power  of  tlie 
victor,  but  by  the  exercise  of  honorable  valor  in  the  field :  ear- 
nesdy  hoping  that  the  enemy,  viewing  the  subject  in  the  same 
light,  will  be  content  to  abide  the  event  of  that  mode  of  decision, 


459 

and  spare  us  the  pain  of  a  second  departure  from  kindness  to  our 
captives  :  confident  that  commiseration  to  our  prisoners  is  the  only 
possible  motive,  to  which  can  be  candidly  ascribed,  in  the  present 
actual  circumstances  of  the  war,  the  advice  we  are  now  about  to 
give;  the  board  does  advise  the  Governor  to  send  Lieutenant  Go- 
vernor Hamilton,  Captain  Lamothe  and  Philip  Dejean,  to  Hanover 
court  house,  there  to  remain  at  large,  within  certain  reasonable 
limits,  taking  their  parole  in  the  usual  manner.  The  Governor 
orders  accordingly. 

Arch:  Blair,  C.  C. 

Ordered,  that  Major  John  Hay  be  sent,  also,  under  parole,  to 
the  same  place. 

Arch:  Blair,  C.  C. 


[Note  C] 


In  Council,  October  8,  1779. 


The  Governor  is  advised  to  take  proper  and  effectual  measures 
for  knowing,  from  time  to  time,  the  situation  and  treatment  of  our 
prisoners  by  the  enemy,  and  to  extend  to  theirs,  with  us,  a  like 
treatment,  in  every  circumstance ;  and,  also,  to  order  to  a  proper 
station,  the  prison  ship  fitted  up  on  recommendation  frorp  Con- 
gress, for  the  reception  and  confinement  of  such  prisoners  of  war, 
as  shall  be  sent  to  it. 

Arch:  Blair,  C.  C. 


[Note  D.] 

[After  letter  XVII.  in  the  MS.  is  inserted  the  following  memo- 
randum.] 

Female  Contributions,  in  aid  of  the  war y probably  in  1780. 

Mrs.  Sarah  Cary,  of  Scotchtown,  a  watch-chain,  cost  £7  sterling, 

Mrs. Ambler,  five  gold  rings, 

Mrs.  Rebecca  Ambler,  three  gold  rings, 
Mrs. Nicholas,  a  diamond  drop, 


460 

Mrs.  Griffin,  of  Dover,  ten  half  joes, 

Mrs.  Gilmer,  five  guineas, 

Mrs.  Anne  Ramsay,  (for  Fairfax)  one  half  joe,  three  guineas,  three 
pistereens,  one  bit. 

Do.  for  do.  paper  money,  bundle  No.  1,  twenty  thousand  dollars. 
No.  2,  twenty  seven  thousand  dollars,  No.  3,  fifteen  thousand 
dollars.  No.  4,  diirteen  thousand  fiv^e  hundred  and  eighteen  dol- 
lars and  one  third. 

Mrs.  Lewis,  (for  Albemarle)  £1559  8s.  paper  money, 

Mrs.  Weldon,  £39  18s.  new,  instead  of  £1600,  old  paper  money, 

Mrs.  Blackburn,  (for  Prince  William)  seven  thousand  five  hundred 
and  six  dollars,  paper  money, 

Mrs.  Randolph,  the  younger,  of  Chatsworth,  eight  hundred  dollars. 

Mrs.  Fitzhugh  and  others,  £558. 


[Note  E.] 

Lord  Cqrnwallu^s  letter  to  Lieutenant  Colonel  JYisbet  Balfour, 
Commander  at  JVinety  Six. 

I  have  the  happiness  to  inform  you,  that  on  Wednesday  the 
16th  instant,  I  totally  defeated  General  Gates's  army.  One  thou- 
sand were  killed  and  wounded,  about  eight  hundred  taken  prison- 
ers. We  are  in  possession  of  eight  pieces  of  brass  cannon,  all 
they  had  in  the  field,  all  their  ammunition  wagops,  a  great  num- 
ber of  arms,  and  one  hundred  and  thirty  baggage  wagons:  in 
short,  there  never  was  a  more  complete  victory.  I  have  written 
to  Lieutenant  Colonel  Turnbull,  whom  I  sent  to  join  Major  John- 
son on  Little  river,  to  push  on  after  General  Sumpter  to  the  Wax- 
haws,  whose  detachment  is  the  only  collected  force  of  rebels  in 
all  this  country.  Colonel  Tarlton  is  in  pursuit  of  Sumpter.  Our 
loss  is  about  three  hundred  killed  and  wounded,  chiefly  of  the 
thirty-third  regiment  and  volunteers,  of  Ireland.  I  have  given 
orders  that  all  the  inhabitants  of  this  province,  who  have  sub- 
scribed and  taken  part  in  this  revolt,  should  be  punished  vnth  the 
greatest  rigour;  also,  that  those  who  will  not  turn  out,  may  be  im- 
prisoned, and  their  whole  property  taken  from  them,  and  destroyed. 
I  have  also  ordered  that  satisfaction  should  be  made  for  their  es- 
tates, to  those  who  have  been  injured  and  oppressed  by  them.  1 
have  ordered,  in  the  most  positive  manner,  that  every  militia  man 


461 

who  has  borne  arms  with  us  and  afterwards  joined  tlie  enemy, 
shall  be  immediately  hanged.  I  desire  you  will  take  the  most 
rigorous  measures  to  punish  the  rebels  in  the  district  in  which  you 
command,  and  tliat  you  will  obey,  in  the  sti'ictest  manner,  the  di- 
rections I  have  given  in  this  letter,  relative  to  the  inhabitants  of 
this  country.  Cornwallis. 

August,  1780. 


[Note  F.] 

TO    LORD    cornwallis. 

Portsmouth,  Virginia,  November  4, 1780. 

My  Lord, 
1  have  been  here  near  a  week,  establishing  a  post.  I  wrote  to 
you  to  Charleston,  and  by  another  messenger,  by  land.  I  can- 
not hear,  for  a  certainty,  where  you  are :  I  w^ait  your  orders. 
The  bearer  is  to  be  handsomely  rewarded,  if  he  brings  me  any 
note  or  mark  from  your  Lordship.  A.  L. 


/^     ^     OF  THE 
\  '"'OF 


INDEX. 


A. 

Adams  John,  letters  to,  231,  243,  245,  259,  263,  267,  270,  303, 

315,  319,  320,  361,  366,  371,  372,  376,  439. 
Asquith  Lister,  letters  to,  314,  324,  360,  397 ;  case  of,  356. 


Bannister  J.  junior,  letter  to,  345. 

Barclay  Thomas,  heads  of  instructions  to,  305  ;  heads  of  enquiry 

for,  307. 

Bellini  Mr.  letter  to,  326. 

Briet  Monsieur,  letter  to,  255. 

Buchanan  and  Hay  Messrs.  letters  to,  272,  437. 

C. 

Carmichael  William,  letters  to,  241,  284,  347,  350. 

Carr  Peter,  letter  to,  285. 

Gary  A.  letter  to,  395. 

Castries'  M.  de,  letter  to,  265. 

Chastellux  General,  letter  to,  228. 

Clarke  G.  R.  letter  of,  to  the  Governor  of  Virginia,  451. 

Coinage,  Notes  on  a,  for  the  United  States,  see  Unit  of  Money. 

Congress,  letters  to  the  President  of,  203,  205,212,213,214, 

215,  216,  217,  251  ;  extract  from  report  to,  378. 
Contributions,  female,  459.  , 

Cornvvallis  Lord,  letter  from,  to  Colonel  Balfour,  460. 
Council  of  Virginia,  resolutions  of  the,  see  Virginia. 
Crimes  and  punishments,  a  bill  for  proportioning  of,  120. 


464 
D. 


D'Auberteuil  Monsieur  Hilliard,  letter  to,  445. 

Desbordes  Monsieur,  letter  to,  342. 

Dumas  and  Short  Messrs.  letter  to,  302. 

E. 

Encyclopedie  Methodique,  observations  on  an  article  prepared  for 
the,  405;  answer  to  questions  proposed  by  the  author  of 
the,  398 ;  observations  to  the  author  of  the,  on  articles  of  the 
treaty  with  Prussia,  426. 

F. 

Fayette  Marquis  de  la,  letter  to  the,  444. 
Forrest  Colonel  Uriah,  letter  to,  227. 
Franklin  Doctor,  letters  to,  153,  330. 
French  and  Nephew,  letter  to,  256. 

G. 

Gates  General,  letters  to,  178,  182,  186,  189,  193,  209. 

Geismer  Baron,  letter  to,  311. 

Georgia,  letter  to  the  Governor  of,  373. 

Georgia,  letter  to  the  delegates  of  in  Congress,  375. 

Gerry  Elbridge,  letter  to,  336. 

Greene  General,  letter  to,  396. 

H. 

Hartley  David,  letter  to,  307. 
Henry  Patrick,  letter  to,  154. 
Hogendorp,  letters  to,  261,  342. 
Hopkinson  F.  letters  to,  323,  390. 
Humphreys  Colonel,  letters  to,  370,  449. 

I. 

Instructions  to  the  first  Virginia  delegation   in   the  Congress  of 

1774.     See  Virginia. 
Izard  R.  letter  to,  324. 

J. 

Jay  John,  letters  to,  228,  254,  275,  291,  296,  334,  338,  378,  447. 
Jones  Captain  John  Paul,  letters  to,  267,  272,  283,  295. 

L. 

Langdon  John,  letter  to,  312. 

Leslie  General,  letter  from,  to  Lord  Cornwallis,  461. 


465 


M. 

Madison  James,,  letters  to,  299,  315,  441. 
Madison  James,  of  William  and  Mary  College,  letter  to,  328. 
Mathews  Colonel,  letter  to,  168.  '     • 

Memoir  of  die  audior,  1 ;  note  of  his  public  acts,  142. 
Meusnier  Monsieur  de,  answers  to  questions  by ;  and  observations 

to,  on  articles  of  the  treaty  with  Prussia,  see  Encyclopedie 

Methodique. 
Money  Unit,  Notes  on  the  establishment  of  a,  see  Unit  of  Money. 
Monroe  Colonel,  letters  to,  233,  244,  293. 
Morocco,  heads  for  a  letter  to  the  Emperor  of,  304. 

O. 
O'Bryan  Richard,  letters  to,  326,  353. 
Osgood  Samuel,  letter  to,  332. 

P. 

Page  John,  letters  to,  162,  288. 
Price  Doctor,  letter  to,  268. 

R. 

Randolph  John,  letters  to,  150,  152. 
Randolph  Edmund,  letter  to,  317. 
Reyneval  Monsieur  de,  letter  to,  446. 
Rittenhouse  Mr.  letter  to,  431. 

S. 
Saunderson  John,  letter  to,  91. 
Seward  W.  W.  letter  to,  354. 
Small  Dr.  William,  letter  to,  149. 
Sprowle  Mrs.  letters  to,  244,  271. 
Stevens  General  Edward,  letters  to,  176,  180,  181. 
Stewart  A.  letter  to,  432. 
Styles  Dr.  letter  to,  257. 

T. 

^Thomson  Charles;  letter  to,  240. 

Treasury,  letter  to  the  commissioners  of  the,  434. 

U. 

Unit  of  Money,  Notes  on  the  establishment  of  a,  133, 

TOL.  I.  59 


466 


Van  Staphorst  Messrs.  N.  and  J.  letters  to,  262,  340,  348. 

Vergennes  Count  de,  letters  to,  278,  337,  355,  364,  373,  445. 

Virginia,  instructions  to  the  first  delegation  of,  in  the  Congress  of 
1774,  100,  116;  letters  to  the  delegates  of,  in  Congress,  205, 
220,  253;  letters  to  the  Governor  of,  232,  249;  resolutions  of 
the  Council  of,  455,  458,  459. 

W. 

Washington  General,  letters  to,  163,  164,  165,  166,  167,  170, 
172,  173,  174,  175,  179,  183,  184,  191,  192,  194,  196,  197, 
198,  200,-207,  208,  210,  211,  218,  219,  222,  223,  248,  393; 
letters  from,  144,  145. 

Wells  Samuel  A.  letter  to,  94. 

Wythe  George,  letter  to,  119;  Notes  for  the  biography  of,  92. 


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